Teng Fei Restaurant Group Knocked with FLSA Tip Credit Lawsuit
Last Updated on May 8, 2018
Lin et al v. Teng Fei Restaurant Group Inc. et al
Filed: March 9, 2017 ◆§ 1:17-cv-01774
Teng Fei Restaurant Group Inc., which does business as Tenzan 89 Japanese Cuisine in New York City, and its owner are the defendants in a proposed class action.
Teng Fei Restaurant Group Inc., which does business as Tenzan 89 Japanese Cuisine in New York City, and its owner are the defendants in a proposed collective and class action that claims workers are owed unpaid minimum, overtime and spread-of-hours wages. The two former deliverymen who filed the lawsuit claim the restaurant and its owner employed at least 20 people who were not paid proper wages.
Both plaintiffs allege they worked an average of 69-and-a-half hours per week without time-and-a-half hourly overtime wages or spread-of-hours pay, which is owed for shifts that last longer than 10 hours in a day. This was allegedly the result of the defendants taking a tip credit on proposed class/collective members’ wages to which the restaurant was not entitled. Further, the case claims employees were never notified a tip credit was being taken on their pay, another violation of the Fair Labor Standards Act (FLSA).
The lawsuit later claims the plaintiffs were never reimbursed for money spent on electric bicycles to deliver the defendants’ food, nor were they ever repaid for the cost of repairs and maintenance.
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