NYC’s Szechuan Kitchen Hit with Employees’ Wage and Hour Suit

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Two current employees of New York City Chinese restaurant Szechuan Kitchen have filed suit against the restaurant’s operating company and two individuals who run the business claiming their business practices violate state and federal labor laws. According to the suit, the plaintiffs were both hired as tipped delivery workers (and one currently works as a food preparer), but claim they are required to spend more than 20 percent of each workday performing non-tipped duties. The complaint claims the plaintiffs were never notified that the defendants would be taking a tip credit and that this lack of disclosure, along with the amount of the plaintiffs’ non-tipped work, requires the restaurant to pay them the full minimum wage. The complaint also seeks allegedly unpaid overtime and spread-of-hours wages.

In addition, the suit argues that the defendants unlawfully failed to provide required meal and rest breaks, wage documents, and reimbursement for equipment – such as bicycles and locks – that the plaintiffs were allegedly forced to purchase at their own expense.