Korean-American Restaurant Wage Theft — FLSA and NJWHL Combined

LABOR & EMPLOYMENT · SONG LAW FIRM CASE STUDY

Korean-American Restaurant Wage Theft — FLSA and NJWHL Combined

Labor · Wage Theft · FLSA · NJWHL · Overtime · Tip Pool · NJSA 34:11-56a · 29 U.S.C. § 207

Client Profile

Client F, a Korean-American server in their twenties, worked at a Korean-American restaurant in New Jersey. Korean is their native language, and they can communicate in English in daily settings.

A student-worker balancing schoolwork and employment, the client lacked information about how their compensation structure was supposed to function.

Facts of the Case

The client regularly worked more than 50 hours per week but received no overtime compensation, and an undisclosed tip pool diverted a fixed portion of their tips.

Upon leaving the position, the client realized that significant unpaid wages had accumulated and reached out to Song Law Firm. The firm explained their rights and the claim process in Korean.

Legal Issues · NJ Statutes and Case Law

29 U.S.C. § 207 — Fair Labor Standards Act (FLSA) overtime. Mandatory 1.5x premium for hours worked beyond 40 per workweek.

N.J.S.A. 34:11-56a — New Jersey Wage and Hour Law. Statutory minimum wage and overtime requirements.

29 U.S.C. § 216(b) — FLSA wage-theft claims may recover unpaid wages plus an equal amount in liquidated damages, with separately recoverable attorneys' fees.

Tip pools must satisfy requirements including advance notice and exclusion of managerial staff to be lawful.

Song Law Firm's Strategy

The firm systematically collected the client's time records, pay stubs, schedules, coworker statements, and observations about the restaurant's payment practices.

Applying FLSA and NJWHL in tandem, the firm built the claim around unpaid wages, unpaid overtime, and improper tip-pool deductions.

In negotiation with the employer, the firm built leverage by quantifying liquidated damages and attorneys' fees in the demand.

Throughout, the firm explained the claim structure and negotiation options in Korean so the client could participate in decision-making with full understanding.

Outcome and Significance

A settlement acceptable to the client was reached through negotiation, allowing the client to recover unpaid wages without bearing attorney costs.

The client was able to refocus on schoolwork and career planning.

Takeaways and Lessons

Workers in Korean-American restaurants, retail, and service businesses are protected under FLSA and NJWHL. Unpaid overtime and improper tip pools are clear violations.

FLSA claims can recover unpaid wages, equal liquidated damages, and attorneys' fees, so workers typically do not need to worry about attorney-fee exposure.

Keeping ongoing personal records of hours worked and pay received provides decisive evidence when a claim is brought.

Contact · Song Law Firm

✉ Email: mail@songlawfirm.com

🌐 Online Consultation: songlawfirm.com/consultation/

📍 Address: Parker Plaza, 400 Kelby St, 19th Floor, Fort Lee, NJ 07024

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