According to the New York Post, a class action lawsuit has been filed against Whole Foods Market, claiming the chain charges customers a delivery fee without giving a cut to the employees who make deliveries. 
The lawsuit, filed by Alberto Rivera, was filed in Manhattan Supreme Court last month on behalf of its 40 delivery staffers in New York’s 12 stores, claiming their bosses are illegally holding onto what customers think are tips.
Rivera, who lives in Manhattan, claims that he worked at the Whole Foods at 250 Seventh Avenue from February 2011 to July 2011.
According to the Times, in court papers, Rivera claims that there is no designated line for gratuity in receipts given to customers and that most shoppers assume the automatic $5 to $10 “delivery charge” goes into the pockets of the delivery people, not the stores.
“More than once, Whole Foods customers have told Rivera they thought the ‘delivery charge’ was his gratuity,” the lawsuit says. Rivera’s attorney said that withholding the gratuity violates the state’s labor laws.
What Can I Do If My Wages Are Illegally Withheld?
It is unfortunate that so many employers are trying to skirt around ways to pay their employees a fair wage. Class action lawsuits have proven effective in wage and overtime disputes for employees.
Recently, the owner of seven McDonald’s restaurant franchises in New York agreed to settle a class action lawsuit brought on by employees who claimed that they were failing to pay legally required stipends to launder their uniforms, enforcing unlawful wage deductions for covering cash register shortfalls and not making overtime payments.
If you have been wronged by your employer and have interest in speaking with an attorney about a potential class action lawsuit, please contact Gary S. Graifman, Esq. to schedule a free initial consultation or complete the form on this page to let our skilled attorneys review your case.
Kantrowitz, Goldhamer & Graifman, P.C. – Class Action Lawyers
KGG’s Corner: The FLSA is a federal law mandating minimum wage and overtime standards for all workers.
Source: http://nypost.com/2014/05/22/whole-foods-delivery-fee-doesnt-go-to-people-making-deliveries-suit/
