Soho Sushi, Two Individuals Facing Wage and Hour Lawsuit

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Soho Sushi, Inc., which does business as Soho Sushi, and two individuals are at the center of a proposed class action stemming from alleged violations of the Fair Labor Standards Act (FLSA) and New York Labor Law. Filed by a former deliveryman, the lawsuit claims the defendants failed to pay the man and similarly situated workers proper time-and-a-half overtime, spread-of-hours pay and minimum wages. The complaint adds that the defendants allegedly refused to record all of the time the plaintiff and proposed class members worked, including overtime hours.

At issue in the case is the defendant allegedly taking a tip credit on the plaintiff’s wages to which it was not entitled. The plaintiff claims he was never notified a tip credit was being claimed on his pay and further alleges he was forced to pool his tips with other delivery workers.