Han Dynasty Employees File Suit Over Alleged Labor Law Violations

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Two operating companies and four individual owners of New York City’s Han Dynasty restaurant are facing a proposed collective action filed by five current and/or former employees who allege the defendants violated several provisions of the Fair Labor Standards Act and the New York Labor Law (NYLL). In summary, the complaint states:

“At all relevant times, Defendants knowingly and willfully failed to pay Plaintiffs their lawfully earned minimum wages, overtime compensation and spread-of-hour premiums, and failed to provide them a wage notice at the time of hiring in violation of the NYLL.”

In particular, the suit claims the plaintiffs – who work/worked for Han Dynasty as bussers, waiters, and a runner – were required to participate in a tip pool from which some non-tipped employees were unlawfully paid. Because the plaintiffs    were allegedly not permitted to retain all their tips and were not informed that the defendants would be taking a tip credit, the lawsuit argues they should have been paid the full minimum wage, in addition to the overtime and spread-of-hours pay.