Two operating companies and two individual owners of Manhattan-based Bistro Marketplace are on the receiving end of a proposed collective action filed by a former employee. The plaintiff says he worked for the defendants as a dishwasher and delivery worker and that he was not paid proper minimum, overtime, or spread of hours wages. He claims the defendants were required to pay him the full minimum wage rather than the tip-credited rate because more than 20% of his workday was spent on non-tipped duties, and he was not permitted to retain all his tips. According to the suit, the plaintiff often worked more than 40 hours per week, but was not compensated for the hours he worked above 40. He further claims that he was not granted proper meal and rest breaks and that the defendants failed to provide accurate wage statements.
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