Lucky Chang, Owner Hit with FLSA Lawsuit Over Alleged Wage and Hour Violations

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Lucky Chang Inc. and an individual with control of the business are facing a former delivery driver’s claims that he was denied proper wages and other employee rights under state and federal labor law. The plaintiff claims he worked approximately 62 hours per week delivering food for the defendants’ restaurant without receiving proper minimum and overtime wages. He further claims that although he collected tips from customers, the defendants never notified him that they would be applying a tip credit to his wages even though he spent at least two hours per day performing non-tipped side work unrelated to his delivery duties. Therefore, the suit alleges, the man’s employers failed to meet the FLSA’s tip credit requirements and should have paid him the full minimum wage instead of his $50.00 daily rate. Worse, the lawsuit mentions members of the proposed collective were to be paid weekly, yet their wages were “always delayed payments for at least half a month.”

On top of the alleged wage violations, the lawsuit argues that the plaintiff and other employees were denied proper meal and rest breaks; accurate wage statements; and notices of their employment rights. The plaintiff also claims the defendants didn’t provide him a vehicle to transport deliveries and failed to reimburse him for the costs of operating his own car – including gasoline, maintenance, insurance, and fines.