WILLIAMSPORT – Two employees at a now-closed State College restaurant claim they are owed more than $500,000 in lost wages because they were not adequately compensated for the long hours they worked.
Jian Zong Xue and Raymond Chow filed suit Thursday in U.S. Middle District Court against John’s Shanghai and Danny Xue, identified as the owner of the restaurant on West Beaver Avenue that closed May 1.
The plaintiffs allege violations of the Fair Labor Standards Act, Pennsylvania Minimum Wage Act and the Pennsylvania Wage and Collection Law.
Danny Xue also is accused of failing to keep full and accurate records of hours and wages and not providing notice to employees when hired of their rate of pay and fringe benefits.
The plaintiffs seek to have their complaint certified a class action to cover other former employees who were not compensated at their promised hourly rate nor paid one and a half times for more than 40 hours a week.
Jian Xue was a chef at the restaurant from Jan. 1, 2017, until it closed and Chow was employed first as a waiter then as a cook from March 4, 2018.
The suit states Jian Xue worked 14 hours a day and Chow 11 hours a day and with no fixed times for lunch or dinner. They had to stop eating if an order came up and attend to a customer, the document states.
Jian Xue claims he was promised to be paid at a flat rate of $4,500 a month but received $1,800. Chow said he was promised a flat rate of $3,500 a month but never received that amount.
Both claim $350 was deducted from their pay for lodging that the defendants provided and that they were never given a statement in their native Chinese language containing data such as rate of pay and deductions.
Xue claims he is owed $470,112 in wages and Chow $98,000 to cover lost wages during the time they worked.
Besides certifying the suit as a class action and lost wages, the plaintiffs seek unspecified liquidated and punitive damages.
The complaint does not contain addresses for the plaintiffs or the restaurant owner.
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