New Fresca Tortillas, Inc. and two individuals who run the Maspeth, New York restaurant are the defendants in a proposed collective action filed over allegedly unpaid minimum wages. The plaintiff worked for the defendants as a deliveryman between March 2016 and January 2018, the case says, with his hourly wages subject to a tip credit. The man alleges he worked 72 hours per week during his employment for a flat rate of $1600, and later $1700, per month that never varied depending on the number of hours he worked.
Per the defendants’ alleged Fair Labor Standards Act (FLSA) violations, the case claims New Fresca Tortillas never paid the plaintiff time-and-a-half wages for overtime hours worked, nor informed him of his hourly pay rate or tip deductions taken toward the minimum wage. Moreover, the defendants should have been precluded from applying a tip credit to the plaintiff’s wages, the case says, as the man’s non-tipped duties regularly exceeded 20 percent of his workday.
The suit lastly charges the defendants owe the plaintiff for out-of-pocket costs of maintaining his delivery motorcycle.