On June 28, 2019, Kasey Karaisaridis filed a putative class and collective action Complaint against Red Panda Asian Bistro Inc. d/b/a Lobster House, Sam Cheng and May Cheng in the United States District Court for the Eastern District of New York, which is assigned case number 1:19-cv-03780.
Scope of class and collective action members:
The lawsuit is brought on behalf of all individuals whom Defendants employ or have employed as bussers and servers since June 28, 2013.
Claims in the lawsuit:
The lawsuit alleges the following causes of action on behalf of the class and collective action members.
- Unlawful tip retention under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“Labor Law”). The Complaint alleges that Defendants unlawfully kept the entire service charge they charged their customers, and that Defendant May Cheng unlawfully participated in the tip pool for bussers and servers.
- Unpaid minimum wages under the Labor Law. The Complaint alleges the bussers and servers’ effective hourly rate was below the statutory minimum wage. The Complaint further alleges Defendants unlawfully claimed a tip credit against the minimum wage.
- Unpaid overtime under the Labor Law. The Complaint alleges Defendants failed to pay bussers and servers overtime premium pay for any hour worked above forty in a week.
- Unpaid spread of hours pay under the Labor Law. The Complaint alleges Defendants failed to pay the bussers and servers an extra hour at the minimum wage for any day they worked more than ten hours.
- Failure to provide the Notice and Acknowledgement of Pay Rate and Payday under the Labor Law. The Complaint alleges Defendants failed to provide the bussers and servers this Notice when they were hired or at any point in their employment.
- Failure to provide a proper wage statement with every wage payment under the Labor Law. The Complaint alleges Defendants failed to provide bussers and servers with paystubs that complied with N.Y. Lab. Law § 195.3.
- On June 28, 2019, the Complaint was filed.
- On November 6, 2019, the Judge entered a case management plan and the case is currently in the discovery phase.
*This update is current as of November 19, 2019.