A widespread class action suit representing at least thirty members has been filed against a New York City nail salon. The suit alleges the salon has violated the Fair Labor Standards Act in neglecting to compensate employees for minimum wages and overtime premium pay. Xiao Dong Fu is the lead plaintiff filing the suit against Red Rose Nail Salon, Inc.
Plaintiff Fu worked as a nail technician and beautician at Red Rose Nail Salon from May 2007 to July 15, 2015. Defendants Wen Chen and Ying Zhou, along with other anonymous persons, are owners and operators of the Red Rose Nail Salon, with the power to hire and fire employees, establish wages, set schedules, and maintain employment records. The lawsuit against their establishment maintains that starting September 1, 2012, non-exempt employees as defined by the Fair Labor Standards Act were not paid wages for all hours worked, nor were they paid overtime in time-and-a-half compensation for working over forty-hour weeks. The suit also claims likely well over thirty people are members of the class. Red Rose employed dozens of people through the class period, many of whom would be unlikely to file their own claims due to lack of adequate financial resources, access to attorneys, or knowledge of a potential claim.
The complaint alleges that the defendants have acted on grounds applicable to all employees of the class period, clearing up any questions of difficulty in classifying the suit as a collective action. The suit calls into question whether Red Rose Nail Salon employed its staff within the meaning of the New York Labor Law, and if the salon kept accurate time records each day or had another sufficient method of keeping track of hours worked. It also asserts that the salon practiced “spread of hour pay,” which is spreading out the hours worked through a week to avoid paying overtime for a day when longer hours were actually spent working at the salon.
Plaintiff Fu in particular claims that upon being hired by Red Rose, she was not informed of its rate or method of pay for its staff. She was not informed of the salon’s contact information. The complaint details Fu’s average schedule, which logs her working between fifty-four and fifty-six-and-a-half hours per week. During the class period, Fu was paid between $65 to $75 hours per day, violating the federal and state minimum wage laws. Other violations in the complaint include Fu not being allowed to take a full thirty-minute lunch break. Additionally, the complaint states that Red Rose Nail Salon failed to post a notice explaining federal and state minimum wage laws that would have informed employees of their rights.