The operating companies of five Thai restaurants and three individuals, who together constitute joint employers, are the defendants in a proposed class action claiming employees were not paid proper minimum, overtime and spread-of-hours wages pursuant to the Fair Labor Standards Act (FLSA) and New York state labor laws. The 31-page lawsuit names the below parties as defendants:
The two named plaintiffs, who were employed as a waitress and a cook respectively, say the defendants refused to record the hours proposed class members worked. According to the suit, the plaintiffs worked more than 40 hours per week without being paid at the time-and-a-half hourly overtime rate. On top of this, the case says the workers had a tip credit illegally applied to their wages to which the defendant was not entitled because the individuals’ non-tipped tasks reportedly exceeded more than 20 percent of their work days.
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