Unpaid Overtime Suit Filed Against New HLY Chinese Cuisine

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Alleged wage violations are the focus of a proposed collective action filed against New HLY Chinese Cuisine and two individuals with day-to-day control of the business. The two employees behind the lawsuit allege they were deprived of proper wages in violation of the Fair Labor Standards Act (FLSA) and New York labor law.

The case says the plaintiffs worked as kitchen cooks at the defendants’ Flushing-based restaurant, where they put in 12-hour workdays totaling 72 hours each week. According to the suit, the cooks were paid a fixed monthly salary that did not vary depending on the number of hours worked, causing their hourly pay rates to fall below the minimum wage. The plaintiffs further claim that the defendants failed to pay overtime and spread-of-hours pay, as well as deprived the cooks of wage notices and accurate paystubs throughout their tenures.