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Chinese restaurant accused of not providing full value of tips, overtime wages to servers

FLORIDA RECORD

Friday, November 22, 2024

Chinese restaurant accused of not providing full value of tips, overtime wages to servers

Overtime clock

PENSACOLA, Fla. – Two Pensacola women are suing their former employer, House of Chong, and its owner in an overtime pay dispute.

Ann Marsh and Robin Rivers filed a lawsuit Jan. 7 in U.S. District Court for the Pensacola Division of the Norther District of Florida against The Chong Corp., doing business as House of Chong, and Fengjuan Lin, alleging violations of the Fair Labor Standards Act.

According to the complaint, the defendants failed to pay Marsh and Rivers in accordance with federal wage laws mandating minimum wage and overtime pay. The suit says House of Chong used the tip credit allowing payment below minimum wage, but denied the servers the full amount of their tips. As a result, the plaintiffs claim they earned less than the federal minimum wage and were never paid for hours worked beyond 40 per week.

Marsh and Rivers seek a jury trial and damages including compensation for unpaid wages, plus legal fees. They are represented by attorneys Jeremiah J. Talbott and Tyler L. Gray of the Law Office of Jeremiah J. Talbott P.A. in Pensacola.

U.S. District Court for the Pensacola Division of the Norther District of Florida Case number 3:16-cv-00012

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