On November 20, 2017, we filed a lawsuit on behalf of servers against Baku, LLC and Birdie Yang, who own and operate Baku Restaurant in Charlotte, North Carolina.  The Complaint alleges that the Baku failed to pay all minimum wages earned by Servers.  According to the Complaint, Baku violated the Fair Labor Standards Act (FLSA) by:

(a) failing to inform tipped employees of the provisions of the tip-credit subsection of the FLSA;

(b) requiring servers to participate in unlawful tip pooling whereby the tipped employees had to share their tips with employees who do not customarily and regularly receive tips.  Specifically, servers allege that Baku used a portion of their tips to pay sushi chefs and other non-tipped employees; and

(c) requiring servers to pay for missing inventory, breakage, and the lost sales of food that resulted from server error and customer walkouts.

Frequently Asked Questions

Am I eligible?

This case was brought on behalf of servers who worked at Baku.  If you worked at Baku as a server at any time during the past three years and participated in Baku’s mandatory tip pool, then you may have a claim.  Similarly, if you were subject to Baku’s policy and practice of withholding wages or tips to cover broken dishware, errors in food or drink orders, or because a customer left without paying, you may have a claim.

Which Locations Are Included?

This case involves servers who worked at Birdie Yang’s Baku Restaurant in Charlotte, North Carolina.

How Do I Join This Case?

To join this case, you must complete a Consent Form and return it to us for filing with the Court.  You may return it to our office via fax (704-612-0038), email attachment to phil@philgibbonslaw.com, or by mail to 15720 Brixham Hill Ave, Ste 331, Charlotte, NC 28277.

What Time Frame Does This Case Cover?

The FLSA contains a statute of limitations that permits an employee to recover unpaid minimum wages within two (2) years of when the employee joins the lawsuit.  The statute of limitations can be extended to three (3) years under certain circumstances.

Do I Have to Pay Anything?

You do not have to pay anything to Gibbons Leis, PLLC to join the lawsuit.  We are handling the case on a contingency basis, which means we will only be paid if the lawsuit results in a settlement or final judgment.  Any fees and costs paid to Gibbons Leis, PLLC will be paid from the settlement or judgment.

Can Baku Retaliate Against Me?

The FLSA makes it illegal for an employer to retaliate against an employee for joining an overtime lawsuit.  If you suffer retaliation, you may have additional claims against your employer.  If you currently work at Baku and you believe you may be a victim of retaliation for joining or participating in this lawsuit, contact us immediately.

How Long Will This Case Take?

The length of an overtime lawsuit varies from case to case.  Typically, minimum wage lawsuits last one to three years.

How Can I Help?

Right now, we are hoping to speak with as many current and former Baku servers, as possible to learn more about the case.  If you have information regarding the job duties of servers or information about Baku’s pay practices, you may contact Phil Gibbons at phil@philgibbonslaw.com or 704-612-0038.

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