Jing Fu House Inc. and two individual owners are on the receiving end of a proposed collective and class action that alleges the defendants failed to pay a former employee lawful minimum, overtime and spread-of-hours wages. The plaintiff, who was employed as a “miscellaneous worker” at the defendants’ restaurant from December 2017 to July 2018, alleges that he worked 74 hours each week for a fixed monthly salary that increased from $2500 to $2700 throughout his employment. The lawsuit claims that divided by the number of hours worked, this salary deprived the plaintiff of lawful minimum and time-and-a-half overtime wages for each hour worked.
The lawsuit also alleges that the plaintiff’s shifts lasted between 11 and 13 hours, for which he was not compensated with spread-of-hours pay as required by New York law. Furthermore, the plaintiff claims that he was unlawfully given just a 10-minute meal break, during which he was on call and had to resume working if a customer placed an order.