Toasties Cafe has been sued for failing to pay overtime and for improper tip deductions violating the Fair Labor Standards Act and New York Labor Law. The class action lawsuit was filed by delivery workers, on behalf of employees at all the cafes located throughout Manhattan.
The case, filed in New York Federal Court, alleges that workers at Toasties’ nine Manhattan locations were cheated out of their overtime pay and were not paid one and one-half times their hourly rate for the hours worked in excess of forty per week. Lawyers for the Toasties workers also allege that the company has a corporate policy of skimming fifteen percent from the credit card tips earned by delivery workers, as well as from orders placed using Seamless, an online delivery platform. Further, Toasties deducted the cost of two daily meals from each employee’s paychecks, despite the fact that they were only allowed to take one meal per day. The owners also failed to reimburse delivery workers for the maintenance and repair costs of the bicycles they were required to use each day.
Attorneys for the delivery workers are seeking unpaid wages, compensation for unlawful deductions, compensation for failure to provide wage notices, liquidated damages, and attorneys’ fees.