Our Place China Chalet Accused of Wage and Hour Law Violations
by Erin Shaak
Last Updated on May 8, 2018
Zhang et al. v. Keith Ng et al.
Filed: November 5, 2017 ◆§ 1:17-cv-08549
Two former deliverymen for Our Place China Chalet have filed suit against the restaurant’s operating company and three individuals who run the business over claims that they violated federal and state labor laws.
New York
Two former deliverymen for Our Place China Chalet have filed suit against the restaurant’s operating company and three individuals who run the business over claims that they violated several provisions of the Fair Labor Standards Act and New York Labor Law. The plaintiffs say they regularly worked between 43 and 57 hours per week for the defendants and were paid $30 per day (which was later increased to $60 per day) minus $2.50 per meal break, regardless of whether they actually took any break. The suit claims they and similarly situated workers are owed time-and-a-half overtime wages for the hours they worked above 40 and spread-of-hours wages for the shifts they worked that lasted longer than 10 hours. On top of that, the plaintiffs say they were required to spend more than 20 percent of each day performing non-tipped duties, meaning the defendants were not entitled to apply a tip credit to their wages.
The plaintiffs further allege that their job required them to purchase and maintain bicycles – expenses for which they were never reimbursed – and that the defendants failed their obligation to provide accurate wage statements and notices.
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