Two former employees of a now-closed State College restaurant have filed a federal lawsuit against the establishment and its owner for alleged labor and wage violations.
The complaint, filed on Thursday in the U.S. District Court for the Middle District of Pennsylvania, claims former John’s Shanghai owner Yun Xue “knowingly, intentionally, and willfully” failed to pay minimum wage, compensate employees for working overtime and accurately report and record employees’ worked hours.
Former employees Jian Zhong Xue and Raymond Chow worked at John’s Shanghai until it closed its doors at 312 W. Beaver Avenue in May 2020. According to the suit, Zhong Xue allegedly missed out on $470,112 in lost wages and worked 14 hours a day, seven days a week from January 2017 to May 2020.
The complaint also claims Chow worked 84 hours a week without receiving overtime pay from March 2018 until May 2020. Chow allegedly missed out on more than $98,000 in lost wages.
Both plaintiffs claim they weren’t paid for overtime and were compensated at levels below promised. Zhong Xue was promised $4,500 a month but made only $1,800 per month, while Chow was promised a flat rate of $3,500 a month.
They allege they were granted only a 10-minute break to eat with no fixed schedule for the break and that they had to go back to work immediately if an order came in.
Zhong Xue and Chow seek their lost wages, compensatory damages, and coverage of attorney fees and costs, among other requests.
The plaintiffs have asked for certification of a class action so that other former employees who were not compensated at their promised hourly rate can join the complaint.
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