Ex-Delia's Tamales Workers Settle Lawsuits Over Wages, Exploitation

Lawsuits accused the popular San Antonio tamale shop of shorting overtime pay and exploiting undocumented employees.

Published on Feb. 9, 2026

Got story updates? Submit your updates here. ›

Former employees of Delia's Tamales, which operates a popular location in San Antonio, have settled a pair of lawsuits against the Rio Grande Valley-based company and its individual owners. One suit accused the company of failing to pay overtime, while the other alleged it exploited undocumented workers by deducting taxes and Social Security from their paychecks but never submitting the payments to the government.

Why it matters

The lawsuits highlight ongoing concerns about labor practices and worker exploitation in the food service industry, especially for undocumented immigrants who may be more vulnerable to mistreatment. The settlement of these cases could set a precedent for how similar disputes are handled in the future.

The details

The first lawsuit, filed in Hidalgo County but later moved to federal court in McAllen, was brought by three former Delia's Tamales employees who accused the company's parent, Delgar Foods LLC, of failing to pay overtime. A total of 27 plaintiffs were initially part of that suit, but most were dropped after a judge ruled they lacked evidence. The second lawsuit, also filed in Hidalgo County and later moved to federal court, was brought by many of the same plaintiffs and accused Delia's retired founder, Delia Lubin, two of her daughters, and another person allegedly involved in the company of hiring undocumented workers and exploiting them.

  • The lawsuits were filed in Hidalgo County and later moved to federal court.
  • The first lawsuit was initially filed with 27 plaintiffs, but most were later dropped by a judge.

The players

Delia's Tamales

A popular tamale shop with a location in San Antonio, Texas, that is owned by Delgar Foods LLC.

Delgar Foods LLC

The parent company that owns Delia's Tamales.

Delia Lubin

The retired founder of Delia's Tamales.

Got photos? Submit your photos here. ›

What they’re saying

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

The takeaway

This case highlights ongoing concerns about labor practices and worker exploitation in the food service industry, especially for undocumented immigrants who may be more vulnerable to mistreatment. The settlement of these lawsuits could set a precedent for how similar disputes are handled in the future.