Atami Japanese Fusion Fried with Class Action Over Unpaid Wages

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Atami on 2^nd Avenue Inc. and its owners and operators, who run New York City restaurant Atami Japanese Fusion, are on the wrong side of a proposed class action filed over alleged violations of the Fair Labor Standards Act (FLSA) and state labor laws. The plaintiff, who worked for the restaurant as a deliveryman, claims the defendants failed to pay proper minimum, spread-of-hours, and overtime wages, as well as provide proposed class members with accurate pay records. The 23-page complaint alleges that the defendants unlawfully took a tip credit to which they were not entitled without providing the plaintiff with prior notification. Additionally, the plaintiff claims he spent more than 20 percent of his workday performing non-tipped tasks, including being required to spend his “break” time performing non-delivery-related tasks around the restaurant.