A federal judge in New York last week dismissed most of the charges in a wage-and-hour lawsuit filed by a group of in-house delivery workers for the fast-casual chain Just Salad.
Four years ago, 16 in-house delivery workers sued the New York City-based salad chain, its CEO Nick Kenner and 12 of its franchisees claiming wage and tip-credit violations of the Fair Labor Standards Act. On Feb. 25, the case was mostly dismissed by Judge John Koeltl of the Southern District of New York Court, who picked apart the arguments and found them “either moot or without merit.”
A spokesperson for Just Salad said, "We are pleased with the judge's decision to dismiss these claims based on lack of merit. Compensation and benefits for our employees and delivery partners continue to remain a top priority.”
In the original complain, plaintiffs said the fast-casual brand illegally retained tips, took unlawful kickbacks, failed to pay the minimum wage, failed to pay overtime wages, failed to reimburse drivers for
work-related purchases or uniform maintenance costs, and failed to keep adequate payroll records.
The delivery workers asserted they were also assigned tasks to deliver things between locations rather than for customers, arguing they should have been paid the full minimum wage, rather than a tipped-wage rate.
Additionally, the workers assert that they were robbed of the $1.99 delivery fee meant to go towards delivery workers ($2.50 in some locations). They also argued that some of the...
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