New York City deliverymen awarded $4.6 million in back pay

January 2009 Hospitality Law

In Ke, et al. v. Saigon Grill Inc, et al, 35 deliverymen and one delivery packer alleged various wage and hour claims against their employer, namely that the restaurant and its owners failed to pay minimum wage and over time, did not keep time records, took illegal wage deductions and retaliated when the employees questioned these practices. The deliverymen were awarded $4.6 million after a Southern District of New York judge ruled in their favor.

This case shows the importance of keeping an accurate tracking system of time worked by hourly employees, as well as having a safeguard in place in accordance with the law. This is also a prime example that employers have a responsibility to maintain proper time records, and they can be held liable for violation of federal and state wage and hour laws.