A proposed collective and class action out of New York accuses Red Panda Asian Bistro Inc. and five individuals who control the business of federal and state labor law violations.
According to the lawsuit, the plaintiff worked as a dishwasher and delivery worker from March to May 2016 at Lobster House Seafood Buffet Restaurant, which is owned and operated by the defendants. The plaintiff alleges that he regularly worked 60 hours per week performing duties such as dishwashing, delivery and cleaning for a flat salary of $2000 each month – an amount that deprived him of minimum, overtime, and spread-of-hours wages. The lawsuit notes that the defendants also failed to notify the man that they would be applying a tip credit to his wages and required that he spend at least 20 percent of his time performing non-tipped duties. Under federal law, the suit argues, the defendants were therefore precluded from paying the plaintiff at a sub-minimum rate.
The lawsuit also accuses the defendants of violating state labor laws by failing to provide the plaintiff with an uninterrupted meal break given that he had to resume working if a delivery order came in.