The Bao and Uluh Restaurants Wage and Hour Lawsuit

On Friday, May 20, 2022, Fitapelli & Schaffer, LLP filed a collective- and class-action lawsuit against Eight Oranges Inc. and Chibaola Inc., owners of The Bao and Uluh restaurants in Manhattan, for unpaid wages under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). This lawsuit seeks to recover minimum wages, overtime compensation, unlawful deductions, tip misappropriation, spread-of-hours pay, and other damages for similarly situated workers. Affected employees include Servers, Runners, Bussers, Bartenders, and Barbacks (collectively, “Tipped Workers”) who work or have worked at The Bao, located at 13 St. Marks Place, and Uluh, located at 152 2nd Ave.

Specifically, the lawsuit alleges Defendants paid Tipped Workers at or below the “tipped” minimum wage rate because the company failed to provide proper notification of the tipped minimum wage rate or tip credit provisions as required by the FLSA and NYLL. Tipped Workers were also forced to share tips with employees who were ineligible to receive tips, such as managers, expeditors, and cooks who had no customer interaction. Tipped Workers were also unlawfully deducted an hour for lunch whether they took the break or not, required to purchase their uniforms without reimbursement, and not compensated for spread-of-hours premium pay when working shifts of 10 hours or more. Defendants also failed to provide proper annual wage notices and accurate weekly wage statements.

You can also view the filed complaint here.

FREQUENTLY ASKED QUESTIONS

What does this lawsuit allege?

The lawsuit alleges that The Bao and Uluh failed to give proper tip credit notice, required tipped workers to share tips with ineligible staff, deducted an hour for lunch breaks that weren't taken, required workers to buy their own uniforms, and failed to pay spread-of-hours premium pay for shifts over 10 hours.

Who might be covered by this case?

Servers, Runners, Bussers, Bartenders, and Barbacks who worked at The Bao or Uluh in Manhattan and were paid at or below the tipped minimum wage rate.

Do I need to do anything to join this lawsuit?

At this stage, it depends on how the case is structured. An FLSA collective action generally requires affected workers to opt in, while a class action may include workers automatically. The fastest way to find out where you stand is to contact Fitapelli & Schaffer directly.

What can I recover if this applies to me?

Depending on your circumstances, you may be entitled to recover unpaid wages, overtime, liquidated damages, and other damages tied to the specific violations alleged in this case.

Where can I view the complaint that was filed?

The filed complaint is publicly available as a PDF, linked directly from this page.

CONTACT FITAPELLI & SCHAFFER LLP