Chinese Fast Wok Fried with Former Employee's FLSA Lawsuit

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Three operating companies and four individual owners of New York-based Chinese Fast Wok have been sued by a former employee who claims they violated several provisions of the Fair Labor Standards Act and New York state law. The plaintiff says he worked as a deliveryman and did not receive proper minimum, overtime, and spread of hours wages. He claims the defendants failed to inform him that they would be taking a tip credit out of his wages and required him to spend a significant portion of his workday performing non-tipped duties. The suit argues, therefore, that the plaintiff should have been paid the full minimum wage instead of the tip-credited rate. Additionally, the complaint claims he was compensated at a fixed monthly rate regardless of the number of hours he worked, including overtime hours and shifts lasting longer than 10 hours.

The suit further alleges that the defendants neglected to keep an accurate record of the plaintiff’s hours worked, provide him with full and accurate wage statements, and grant him breaks during which he was not required to work.

Furthermore, the plaintiff says his job duties required that he purchase a bicycle and pay for its maintenance, but that his employers failed to reimburse him for these necessary job expenses.