Brother Jimmy’s, the popular BBQ restaurant, failed to pay its delivery persons and busboys minimum wage and overtime pay, according to a lawsuit filed in New York federal court. The workers claim that six New York City Brother Jimmy’s locations forced employees to work off the clock and deliver, pick up, and transfer supplies and ingredients to and from Brother Jimmy’s locations throughout NYC without paying them proper wages.
According to the Complaint, Brother Jimmy’s also allegedly implemented a policy of taking an improper meal deduction in violation of the New York Labor Law. The lawsuit claims that Brother Jimmy’s charges its employees for meal credits although employees are not regularly given meal breaks. The workers claim Brother Jimmy’s also failed to pay them proper overtime wages when they worked more than forty hours in a workweek. The lawsuit has been brought on behalf of all delivery persons, waiters, runners and bussers employed by Brother Jimmy’s from September 2010 to September 2016. It is further claimed that Brother Jimmy’s intentionally fails to keep records of the daily tips earned by its employees, resulting in money wrongfully being withheld from them.