Tip Your Pizza Deliveryman Well; Wage and Hour Violations Among Restaurant Delivery Workers

By Brandon Sipherd

Adriatic Italian Restaurant & Pizzeria, a 20-year midtown establishment, is being sued for violating federal and state labor laws.  Adriatic has been accused of underpaying its delivery workers in violation of wage and hour laws.

Restaurant delivery people are some of the lowest-paid workers in New York City and oftentimes they are forced to work in deplorable working conditions.  Some delivery workers work 70-hour weeks for only $10 or $15 per shift including tips and others must pay up front for each meal that is delivered.

These delivery workers are typically subject to abuse, crime and physical danger.  In 2005, a Chinese deliveryman in Queens was robbed and murdered by a couple of teenagers.  Then in 2008, the owners of Saigon Grill in Manhattan had to pay $4.6 million in back pay for its violations of wage and hour laws.

Now city and state officials, government agencies and a restaurant industry trade group are trying to protect this especially vulnerable group of employees.  Unfortunately, many of these employees are undocumented immigrants who do not complain for fear of losing their jobs or even greater disciplinary action, such as deportation.

Over the past eight months in Brooklyn, the District Attorney’s office has prosecuted nine cases of delivery workers who have been attacked.  To further discourage violent crimes against delivery workers, the District Attorney’s office is considering increasing jail time for these types of crimes.

However, even more widespread than the threat of violence, delivery employees constantly face a threat to their livelihood as employers continue to underpay them.  It is commonplace for employers in the restaurant industry to pay employees a shift pay, which is generally well below the legal minimum hourly wage.

In November, the New York State Department of Labor, in a random sweep of 25 restaurants in Park Slope, Brooklyn, found that only two employers were not violating wage and hour laws.  It also found that 207 workers were underpaid by almost $1 million in total.  Most delivery workers surveyed were found to work around 70 hours per week while only receiving a weekly salary ranging from $210 to $275.   Hopefully, local and state officials will be successful in their efforts to enforce current wage and hour laws among the restaurant industry in New York City.

Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law.  Our employment law attorneys are dedicated to resolving issues of wage and hour laws.  Our firm has had considerable success in handling matters such as these throughout Long Island and the New York City area.  We take great pride not only in providing quality legal service and representation, but also in being there for clients when they need it most.

For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.