Case Update:
The Court-authorized Settlement Notice has been mailed to eligible Class Members on August 21, 2025. A sample settlement notice may be viewed here. If you have questions or did not receive your notice, please contact us at (212)300-0375 or info@fslawfirm.com to receive your individual notice.
Fitapelli & Schaffer LLP is pleased to announce that the Class Action Settlement against the NYC restaurants known as The Bao and Uluh has received preliminary approval by Judge Lewis J. Liman of the Southern District of New York. The Class Action Settlement resolves this case for the total amount of $1,750,000. Official notice of the settlement will be sent to all servers, bussers, runners, bartenders, barbacks, and all other similar employees who worked for The Bao and Uluh between October 15, 2015 and October 1, 2023 at the end of August.
The lawsuit specifically alleged that Defendants failed to provide tipped workers with adequate notice of the tip credit, required tipped workers to perform a substantial amount of non-tipped work (side work) without paying them the full minimum wage, required tipped workers to pay for tools of the trade such as uniforms without proper reimbursement, unlawfully deducted wages based on walkout, breakage, or wrong orders, failed to pay tipped workers at the minimum wage rate and overtime rate, required tipped workers to participate in a tip distribution pool that included tip-ineligible workers such as managers, expeditors, soup dumpling cooks, dessert cooks, and food packers, and failed to provide proper wage notices and accurate wage statements.
The case is a reminder that employers must comply with all aspects of wage and hour laws. If you believe your employer is not paying you correctly by requiring you to share tips with employees who do not, or minimally, interact with customers, not providing you with proper notices or information about your wages, requiring you to pay for uniforms, walkout, breakage, and wrong orders, or requires you to perform excessive side work, please contact the experienced attorneys at Fitapelli & Schaffer for a free consultation.
See Order here