Akio Sushi and the restaurant’s owner are on the receiving end of a lawsuit filed by a former employee who claims he was deprived of proper minimum, overtime and spread-of-hours wages.
According to the proposed collective action, the plaintiff worked at the Forest Hills, New York restaurant as a fry wok, dishwasher and deliveryman from December 2016 to January 2017. The suit says that the man routinely clocked 66 hours each week for a fixed monthly salary of $1,200, which did not provide time-and-a-half pay for overtime work. Additionally, the plaintiff alleges he was improperly paid at a reduced tip-credited rate as he spent the majority of his day—eight hours of each shift—cleaning and preparing food, both non-tipped tasks.
Lastly, the man seeks reimbursement for delivery costs that include $830 spent on two delivery bicycles and $60 to $70 spent each month on their maintenance.