A former delivery worker filed a class action lawsuit against Homemade Taqueria, a chain of 12 Mexican restaurants throughout New York, for failing to pay the lawful minimum and overtime wage rates, in violation of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL).
According to the lawsuit, the owner sent delivery workers to work shifts at different locations of Homemade Taqueria on a regular basis and paid them less than the minimum wage, which is currently $15.00 per hour in New York City. Homemade Taqueria also paid workers at a straight-time rate for all overtime hours worked per week, instead of time and half, as required by both the FLSA and NYLL. The delivery workers were additionally required, unlawfully, to use their own money to purchase “tools of the trade,” such as bikes, helmets, and bike locks.
Furthermore, the restaurants failed to pay delivery workers an additional hour at the minimum wage rate when the employees worked over ten hours in a day (spread-of-hours pay) and did not give employees wage statements and accurate weekly wage notices with their pay, as required by the NYLL.