Arvada, CO Sushi Restaurant Rolled with Wage and Hour Class Action

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Arvada, Colorado sushi restaurant Sushi Aji, Inc. and two individuals with control of the business are the defendants in a proposed class and collective action filed by a former server who alleges she and similarly situated workers were not paid mandatory minimum and overtime wages. In addition to paying improper wages, the complaint alleges the defendants:

• Paid servers cash wages at rates “substantially lower” than the mandatory minimum for tipped employees under the FLSA and Colorado’s minimum wage law;
• Claimed an illegal tip credit on servers’ pay;
• Failed to accurately record employees’ work hours; and
• Falsified workers’ pay stubs.

The case provides an example of the defendants alleged conduct from one week in February 2015 for which the plaintiff was alleged paid $1.85 per hour after working roughly 54 hours, far lower than the FLSA-required $2.13 hourly wage for servers.