Louisiana Record

Tuesday, October 22, 2019

Suit claims defendant didn't pay overtime wages and took servers' tips

By Molly English-Bowers | Nov 18, 2015

A Terrytown man is suing over nonpayment of overtime wages and other unlawful payroll deductions.

Phuong Nguyen filed the suit Oct. 30 in U.S. District Court for the Eastern District of Louisiana against Lakeview Pearl, China Ruby Inc., doing business as China Palace, and Chen Chiu. The plaintiff seeks a collective action for others similarly situated.

During the approximately three months the plaintiff worked as a waiter at the Lakeview Pearl in New Orleans, he says he was paid $2.13 an hour. Even though the defendant Chiu took the statutory tip credit so that wait staff could keep tips while still being paid $2.13 an hour, the suit claims that 2.5 percent of the plaintiff's tips were given to the kitchen staff.

In addition to that, the plaintiff says he wasn't paid overtime wages, per the Fair Labor Standards Act, even though he regularly worked more than 40 hours a week.

The plaintiff seeks injunctive and declaratory relief, compensation for unpaid wages, unpaid tips and unlawful deductions, interest, liquidated damages, court costs and attorneys' fees.

Attorneys for the plaintiff are Jessica Vasquez and Laura Catlett of the Vasquez Law Office of New Orleans.

U.S. District Court for the Eastern District of Louisiana case number 2:15-cv-05645-JTM-JCW

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