Workers at Sushi Samba restaurant locations in New York, Florida, Las Vegas and Illinois will receive $2.37 million as a result of a lawsuit, filed by former servers, bussers, runners, and bartenders, alleging improper application of the tip credit, failure to pay minimum wages, overtime pay and other federal and state wage violations.
Sushi Samba, a popular chain of sushi restaurants blending Brazilian, Japanese, Peruvian influences, with nationwide and international locations is alleged to have paid its waitstaff the tipped minimum wage without providing adequate notice as well as improperly allocating 5% of the waitstaff’s tips to sushi chefs. Attorney’s for the waitstaff alleged that the sushi chefs had no interaction with customers and therefore should not have received tips. Employees at certain locations also reported that they were required to work off the clock and that Sushi Samba hosted private parties whereby a 20% service charge was added to the total price paid by customers, but not distributed to the waitstaff in its entirety.
The proposed settlement, which covers over 500 workers, was submitted for preliminary approval to Magistrate Judge Ronald L. Ellis on November 30, 2015.