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.