Two individuals formerly (and ostensibly) employed as delivery workers are behind a proposed collective action that claims Bismillah Bawrchi Inc. and Fresh Food NYC Inc., which operate as Bawarchi Indian Cuisine, and the companies’ owners violated federal and New York labor laws. The plaintiffs’ case claims that although they were hired as delivery workers, they spent a considerable part of their workdays—more than 20 percent—performing non-delivery-related tasks while the defendants allegedly took a tip credit on their wages to which they were ineligible. As a result, the case claims, the plaintiffs and similarly situated workers were not paid proper minimum, overtime or spread-of-hours wages.
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