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A “Top Chef” judge who allegedly shorted his delivery drivers on minimum wage and overtime pay has agreed to a $180,000 settlement, of which $120,000 will go to 23 drivers.
The settlement between ‘Wichcraft sandwich store owners Tom Colicchio and his business partners and the drivers would resolve Fair Labor Standards Act and New York Labor Law claims, the drivers told New York federal court in a letter, Law360 reports.
The drivers accuse “Top Chef” judge Colicchio, and partners Jeffrey Zurofsky and Sisha Ortuzar, of paying them a low tip-credited wage of $5.65 an hour for doing non tipped duties – such as preparing food, stocking refrigerators, and cleaning the restaurants — which the restaurant should have paid them a higher minimum wage for.
The drivers said in the class action lawsuit that the practice resulted in unpaid minimum wage and overtime compensation, in violation of the FLSA and New York Labor Law, Law360 reports. Under federal labor law, employers cannot use a tip credit on employees who spent more than 20 percent of their time on untipped duties, such as those laid out in the claim.
The drivers also alleged that ‘Wichcraft failed to pay them all the money they had earned, as they were required to share tips with cooks and cashiers without receiving tip shares from catering orders, and that the company did not reimburse them for business expenses, such as bicycle maintenance. They added that meal and rest breaks were also withheld by the company.
In the letter, the drivers – who worked at various ‘Wichcraft locations in New York between 2005 and 2016 – said that the settlement should be approved.
“There were sharply contested factual and legal disputes that went to the heart of plaintiffs’ claims. Considering these risks, and the inherent risks of proceeding to trial, plaintiffs believe that this settlement is an excellent result, and should be approved as fair,” the letter said.
Counsel for the drivers will receive $60,000 or the $180,000 settlement.
In April, Amazon was hit with a class action lawsuit by delivery drivers who claim that the mega retailer did not pay drivers for the overtime hours they often had to work to meet shift demands.
Have you ever been shorted on overtime or minimum wage pay? Let us know in the comments section!
The delivery drivers are represented by Michael Antonio Faillace of Michael Faillace & Associates PC.
Colicchio, Zurofsky and Ortuzar are represented by Alexander W. Leonard and Jeffrey A. Miller of Golenbock Eiseman Assor Bell & Peskoe LLP.
The ‘Wichcraft Delivery Pay Class Action Lawsuit is Esteban Morales et al. v. Tom Colicchio et al., Case No. 1:20-cv-08519, in U.S. District Court for the Southern District of New York.
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