Workers Lodge Wage Lawsuit Against Chinese Restaurants

Workers lodge wage violations lawsuit against one of New England's largest Chinese restaurants

Embargoed for Thursday, February 15

Saugus, Mass – On Thursday, February 15, current and former employees of Jin Asian Cuisine lodged a class action lawsuit against the upscale eatery alleging willful violations of wage laws. Workers maintain that the Chinese restaurant, one of the largest in New England, is failing to pay them overtime, paying less than the minimum wage and failing to distribute gratuities to waitstaff. Four of the six lead plaintiffs also claim that, shortly after they complained to management about the many wage law violations at the restaurant, they were fired.

"I worked eleven to twelve hours every day doing dangerous work lifting heavy rocks and off loading trucks. But Jin Cuisine didn't even pay me the minimum wage," said Jose Luis Sarmiento, who was employed at the restaurant for 3 years. "When I and my co-workers spoke up, Mr. Lam fired us."

The suit, which names Jin Asian Cuisine and its owners, Li Ling Lam and Ming Lam, claims that workers typically worked 70 to 80 hours per week, but were not paid for many of their hours, were paid less than minimum wage, and were not paid time and a half for overtime hours, all in violation of the Massachusetts wage laws. The complaint also alleges that the defendants violated the Massachusetts Tips Law by failing to distribute all tips to workers who served food and beverages and by retaining portions of service charges from private parties for the house.

"I didn't know I had a right to overtime, didn't know how much overtime I was entitled to under the law," said Max Ng, a former employee of Jin Asian Cuisine. "I felt it was really unfair because I didn't know, I think he's cheating me."

Two female workers have also filed complaints with the Massachusetts Commission Against Discrimination today, alleging that the restaurant has violated the Massachusetts Equal Pay Act by paying women less for their work than men.

"These are hard-working men and women labored long hours in unacceptable conditions so that Jin Cuisine can thrive," said Isabel Lopez, a health and safety specialist with the Massachusetts Coalition for Occupational Safety and Health. "This lawsuit sends a strong message that workers can and will continue to speak up for their rights."

The suit has been filed on behalf of a class of all workers at the restaurant whose wages and tips have been improperly withheld and alleges unpaid wages that could total hundreds of thousands of dollars. The suit also seeks reinstatement of the four workers who were fired after speaking up about the restaurant's wage law violations.

"Jin Asian Cuisine and its owners have found virtually every way possible to take money from their workers, from grossly underpaying workers so that they are not even compensated at minimum wage to retaining portions of servers' gratuities. For too long, the restaurant has taken advantage of its workers, and we hope that this lawsuit finally puts a stop to these illegal practices," " said Hillary Schwab, an attorney at Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan, P.C., who is representing the workers in this action.

This is not the first time the Lam family has faced criticism about its labor practices. The family, which also owns two restaurants in New York, has been sued twice for wage violations at its Jing Fong Restaurant, the largest restaurant in New York's Chinatown.

In 1997, a law suit filed by the New York Attorney General against Jing Fong resulted in an agreement by the restaurant to pay more than $1.1 million to 58 workers who had been cheated out of tips and wages. Last April, six waiters sued the Lam family's Jing Fong restaurant for violating minimum wage laws, alleging that the restaurant illegally siphoned off tips from over 50 employees.

"It is shameful and unconscionable that Jin Restaurant is cheating its workers, and making life difficult for those who are injured," said Amee Chew, Workers Center Liaison for the Chinese Progressive Association. "The theft of their pay has far-reaching consequences for low-wage workers, including their ability to collect full workers compensation when injured, or unemployment insurance."

Massachusetts Coalition for Occupational Safety and Health (MassCOSH)

Contact: Marcy Goldstein-Gelb Isabel Lopez
(C) (617) 642-1878 (C) (617) 306-1650