A former waiter and bartender at Shun Lee Palace Restaurant has filed a class action case for minimum wage and overtime.
The lawsuit filed by Johkie Lee in the Southern District of New York alleged that he, along with the other bartenders, waiters and waitresses at the restaurant were paid below the “tipped minimum wage” permitted under the law. Lawyers for the workers claim that Shun Lee also failed to pay “spread of hours” pay which is required under New York law if a restaurant employee has a workday that spans more than ten hours. The lawsuit also claims that the restaurant was not entitled to take a tip credit under the Fair Labor Standards Act (FLSA) because the restaurant failed to properly provide notice to all tipped employees that the restaurant was taking a tip credit.
Lawyers for the restaurant workers seek to recover their unpaid overtime and minimum wage, liquidated damages and attorneys’ fees.