A proposed collective and class action alleges that New York City restaurant Kouzan and its owner failed to pay a former deliveryman lawful minimum, overtime and spread-of-hours wages.
The plaintiff alleges that an improper tip credit was taken against his wages as he spent at least 20 percent of each workday tending to non-tipped responsibilities, including wiping glassware and preparing salad.
During his tenure, the case continues, the man clocked either nine-and-a-half-hour “full day” shifts or six-hour workdays. The plaintiff claims he was docked an hour of pay each “full day” for a break even though he only ate for 15 minutes and was required to resume delivering orders after his meal.
Further, the suit charges that the defendants maintain a practice of misappropriating delivery workers’ tips. As told by the complaint, customers are charged an extra two dollars for distant deliveries. Despite the implication that the surcharge is used to reimburse delivery workers for expenses, the suit says, the defendants supposedly retain the full amount. In fact, the plaintiff alleges that he often drove 40 miles a day and was reimbursed just one dollar an hour, which failed to sufficiently cover his fuel costs.