Former Land Thai Kitchen Employees File Suit Seeking Unpaid Wages
by Erin Shaak
Last Updated on May 8, 2018
Librado et al v. D & D Thai Restaurant Corp. et al
Filed: February 12, 2018 ◆§ 1:18cv1214
Three former employees of Land Thai Kitchen have filed suit against the restaurant’s operating company and an individual owner over alleged labor law violations.
New York
Three former employees of Land Thai Kitchen have filed suit against the restaurant’s operating company and an individual owner over alleged labor law violations. The plaintiffs – a delivery worker/busboy, a delivery worker/food preparer, and a cook – say they worked for the defendants for more than 40 hours per week without being paid the proper minimum and overtime wages required under state and federal law. Though two of the plaintiffs were purportedly tipped employees, the suit argues that the defendants were not permitted to apply a tip credit to their wages because they were never informed of the tip credit, spent more than 20 percent of each day on non-tipped duties, and were not permitted to retain all their tips. According to the complaint, the defendants withheld approximately 15 percent of employees’ earned gratuities that the workers say were unlawfully deducted from their wages.
The plaintiffs further argue that the defendants failed to provide uninterrupted meal breaks, wage statements, and notices of their employment rights as required by state law. The suit also claims they are owed for purchasing “tools of the trade” – items such as bicycles, helmets, outerwear, and boots required to perform their jobs – without being reimbursed.
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