A proposed collective action has been filed against three companies and five individuals who operate three Latin American restaurants and a bagel shop in New York claiming the parties failed to pay employees proper wages.
A proposed collective action has been filed against three companies and five individuals who operate three Latin American restaurants and a bagel shop in New York. The case was filed by two former employees who worked at the defendants’ Tio Pio and Pio Bagel locations in various food preparation and delivery positions and claim they were denied proper minimum, overtime, and spread-of-hours pay. The complaint argues that when the plaintiffs were delivery workers, the defendants illegally took a tip credit in that they required the plaintiffs to spend more than 20 percent of each day performing non-tipped duties and neglected to notify them of the tip credit.
Furthermore, the case alleges that the plaintiffs and other employees were not paid premium wages for the hours they worked above 40 each week or 10 each day in violation of state and federal labor laws. According to the complaint, the plaintiffs also purchased various “tools of the trade” with their own funds – including shoes, bicycles, vests, and bicycle accessories – and were never reimbursed.
Finally, the plaintiffs claim the defendants neglected their duty to provide wage notices at employees’ time of hire and accurate wage statements with each pay period.