Ex-Delivery Workers Allege Ichiro Modern Japanese & Bar Owes Unpaid Wages

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Ichiro Asian Fusion Inc. and four individuals that run Ichiro Modern Japanese & Bar in White Plains, New York are the defendants in a proposed class and collective action in which the plaintiffs claim current and former delivery workers are owed unpaid wages. The plaintiffs say the defendants violated the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) by “knowingly, intentionally and willfully” failing to pay proper minimum, overtime and spread-of-hours wages.

The individual claims stated by the plaintiffs reflect those presented in many other wage-and-hour lawsuits. In addition to the allegedly improper payment of wages, each plaintiff claims the defendants failed to provide proper notice that a tip credit was being applied to their wages against the hourly minimum wage, and paid the workers at static rates each week regardless of the number of hours they worked. Additionally, the plaintiffs claim they were rarely afforded uninterrupted breaks of at least 30 minutes during their shifts. The plaintiffs round out the lawsuit by alleging they were never provided with mandatory notices concerning the terms and conditions of their employment, as well as details about rates of pay, wage cycles and overtime pay.