White Orchids Thai Cuisine Sued Over Allegedly Unpaid Wages, ADA Violations

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A proposed collective and class action filed in Pennsylvania alleges White Orchids Thai Cuisine, LLC failed to pay a former employee proper wages and violated her rights under the Americans with Disabilities Act (ADA).

According to the suit, the plaintiff routinely clocked 60 to 80 hours each week as a chef at the defendant’s restaurant. The case alleges that regardless of the number of hours worked, the woman was paid the same daily rate, resulting in a substantial amount of unpaid overtime wages. Additionally, the plaintiff claims she was directed to work through break periods and stay past the end of her scheduled shift on a regular basis without pay.

The complaint goes on to charge that the defendant violated the ADA by denying the plaintiff reasonable accommodations after she injured her shoulder at work. Following her injury, the complaint says, the plaintiff was given a note by her doctor that cited several physical restrictions and recommended that she only work eight-hour days. When she informed her employer of the doctor’s instructions, the woman was reportedly told, “[Y]ou have to continue to work or we will kick you out.” Out of fear of losing her job and apartment, which the case says was owned by the defendant, the plaintiff continued putting in 10- to 12-hour shifts. The suit claims that this workload worsened the plaintiff’s injury, which eventually needed surgical correction.

According to the complaint, the defendant was “furious” when the plaintiff’s doctor explained that she would need four to six months of leave after surgery. Soon after learning this, the defendant allegedly texted the plaintiff that she had six days to vacate her home and was asked to resign from the restaurant.