Delivery workers at Benares and Baluchi’s Indian restaurants in New York City were not paid minimum and overtime wages, and also were cheated out of the hours that they worked, according to a wage theft lawsuit filed in Manhattan federal court. The lawsuit claims that Benares and Baluchi’s purposefully failed to keep track of the delivery workers’ hours, and that the delivery workers were paid a fixed daily salary ranging from $16 per day to $50 per day, regardless of the number of hours they actually worked.
The delivery workers claim that the restaurant failed to provide them with any notice that tips they earned would count towards their wages. In addition, the restaurants unlawfully required their delivery workers use their own money to purchase “tools of the trade,” such as bikes, helmets, lights, and bike chains. The lawsuit also claims the restaurants regularly required delivery workers to continue working without pay for at least an hour after their scheduled stop time.