NYC Japanese Restaurant Nagomi Facing Unpaid Wage Lawsuit
Last Updated on May 8, 2018
Garcia v. Hirakegoma Inc. et al.
Filed: October 4, 2017 ◆§ 1:17-cv-07608
A former employee claims NYC Japanese restaurant Nagomi owes unpaid wages and wrongfully docked a percentage of delivery workers' tips.
According to a proposed collective action filed in New York, Hirakegoma, Inc. – which runs Japanese restaurant Nagomi – and three individuals with control of the business failed to pay employees proper minimum, overtime and spread-of-hours wages. The plaintiff, who worked as a dishwasher, cook, and, ostensibly, as a delivery worker, claims that although he was accounted for as a tipped employee in payroll records, he spent several hours each day performing non-tipped tasks around the restaurant. The man alleges the defendants illegally pocketed a percentage of his delivery order tips, which were allegedly never accounted for in his weekly pay and about which the plaintiff says he was never notified. The plaintiff further claims the defendants failed to provide employees with mandatory wage statements or post mandatory Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) notices around the restaurant.
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