A proposed collective and class action alleging labor law violations has been filed against the companies and individuals who operate two Sweet Mandarin restaurant locations in Glen Cove and Sayville, New York.
The plaintiff in the case says he worked at one of the restaurants as a sushi chef from August 2016 through November 2017 and put in almost 70 hours per week for a fixed weekly salary of $750.00. Despite being paid at a tip-credited wage rate, the plaintiff claims he was never informed of the tip credit and therefore should have been paid the full hourly minimum wage.
“Pursuant to [the New York Labor Law and the Fair Labor Standards Act], an employer cannot take credit towards the basic minimum wage if a service employee or food service worker has not received notification of the tip credit,” the complaint reads.
Furthermore, the lawsuit claims the plaintiff was denied premium overtime pay for the hours he worked over 40 each week and spread-of-hours pay when he worked a shift lasting longer than 10 hours.
Following the supposed wage violations, the case then claims the defendants failed to provide employees with accurate wage notices and statements as required by law.