New York's Café 37 Steamed by Wage and Hour Lawsuit

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Café 37 Inc., which does business as Café 37 in New York City, and its two owners are on the receiving end of a proposed class action that claims delivery workers were hired ostensibly and not paid proper minimum and overtime wages. The plaintiff, who the complaint says is still employed by the defendants, was allegedly hired as a tipped delivery person, yet was required to spend several hours each workday—at least 20 percent of the day—performing non-tipped duties unrelated to deliveries, including off-the-clock work.

Per these allegations, the lawsuit says the defendant should have been paid time-and-a-half wages for all hours worked over 40 in a workweek, as well as spread-of-hours pay for shifts that lasted longer than 10 hours in a day. Additionally, the plaintiff was unlawfully never informed that a tip credit was being taken by his employer as an offset for his wages, the suit claims.