A proposed collective action has been filed against Taco Hut Broadway Inc. and four individual owners alleging federal and state labor law violations. The plaintiff claims that he was employed as a delivery worker at Taco Hut, a Manhattan-based Mexican restaurant owned and operated by the defendants, from November 2013 through June 2018.
The lawsuit argues that the plaintiff was unlawfully compensated with the “tipped” minimum wage despite spending more than 20 percent of each workday performing non-tipped duties, such as food preparation and cleaning. The complaint claims that the plaintiff regularly worked 72 to 78 hours per week for a fixed salary of only $360 per week, which deprived him of lawful minimum and time-and-a-half overtime wages. The lawsuit also alleges that the plaintiff did not receive spread-of-hours pay for shifts lasting longer than 10 hours as required by New York law.