A proposed collective action has been filed against Thai Num Soup Inc. – which does business as Thai Soup – and one individual owner over claims that the defendants failed to pay the plaintiff lawful wages pursuant to the Fair Labor Standards Act and New York state law.
According to the lawsuit, the plaintiff was ostensibly employed as a tipped delivery worker by the defendants from July 2015 to July 2018. He alleges, however, that he spent more than 20 percent of each workday performing non-tipped duties, such as preparing food and cleaning. As such, the lawsuit argues that the defendants inappropriately applied a tip credit to the plaintiff’s wages, as he was legally entitled to the full minimum wage given the amount of time he spent on non-tipped duties each workday. Furthermore, the plaintiff claims that he was never properly informed by the defendants of the tip credit applied to his wages, further precluding his employers from paying him less than the minimum hourly rate.
The plaintiff, who alleges to have regularly worked in excess of 40 hours per week, also seeks to recover allegedly unpaid overtime wages and “spread-of-hours” pay in addition to his unpaid minimum wages.