Yummy Sushi 1st Ave, Inc. – which does business as Yummy Japanese Restaurant – and three individuals are facing a collective action complaint that claims they violated the Fair Labor Standards Act, as well as state labor laws. The plaintiff says he worked for the defendants as a delivery worker and kitchen helper. Part of the plaintiff’s job, the suit claims, was to deliver food to customers and perform a variety of kitchen tasks, including stocking soda and filling sauce containers, for a flat monthly rate of $1000 in cash. According to the suit, when dividing his total hours worked against this flat payment, the plaintiff’s minimum wage rested at a mere $3.57 per hour. The lawsuit alleges a number of other violations including failure to pay spread of hours wages, failure to pay overtime and failure to provide wage notices. The plaintiff also claims he had to purchase his own “tools of the trade” – mainly, the bicycle he used for delivery orders.
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