Queens, NY Dumpling Restaurants Hit with Unpaid Overtime Class Action

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A Chinese dumpling restaurant in Flushing, New York, and its owners are under fire, with a proposed class action lawsuit claiming they did not pay “at least 20 employees” minimum and overtime wages, as well as spread-of-hours compensation for working 10-hour-plus shifts. Nan Xiang Xiao Long Bao and Nan Shian Dumpling House, the lawsuit claims, violated the Fair Labor Standards Act (FLSA) and New York labor laws by failing to pay employees the time-and-a-half hourly overtime rate for hours worked past 40 in a workweek. Additionally, the restaurants and their owners did not pay workers their spread-of-hours premiums for working shifts longer than 10 hours in a single day. The named, plaintiff, the suit says, worked roughly 68 hours per week without receiving proper wages.

As is common in these kinds of class actions, the defendants also allegedly took a tip credit on servers’ wages, causing their pay to drop below the federal minimum, without providing the employees any notice.