{"id":19823,"date":"2012-12-04T17:12:31","date_gmt":"2012-12-04T17:12:31","guid":{"rendered":""},"modified":"2012-12-04T17:12:31","modified_gmt":"2012-12-04T17:12:31","slug":"chinese-american-restaurant-agrees-to-tough-settlement","status":"publish","type":"post","link":"https:\/\/asiancemagazine.com\/?p=19823","title":{"rendered":"Chinese American restaurant agrees to tough settlement"},"content":{"rendered":"<p>A San Francisco Chinese-American restaurant employing mostly Asian-Americans agreed to settle a case involving unpaid overtime and minimum wages.<\/p>\n<p>The Xue&#8217;s Restaurant, Inc. and Liu&#8217;s Restaurant, Inc. dba Tsing Tao Restaurant agreed to pay a total of $340,000 to the employees who brought the complaint.<\/p>\n<p>California Labor Commissioner Julie Su announced the settlement Tuesday, closing the case that began middle of this year.<\/p>\n<p>In June and August, Tsing Tao was issued citations for failure to pay overtime and provide itemized payroll statements, including deductions, to 28 workers at its Clement and Fillmore streets locations.<\/p>\n<p>The Department of Industrial Relations&#8217; (DIR) Division of Labor Standards Enforcement, also known as the Labor Commissioner&#8217;s Office, helped the restaurant and the workers to reach a settlement.<\/p>\n<p>The Labor Commissioner&#8217;s office began its investigation of the restaurants after receiving a referral from San Francisco&#8217;s Office of Labor Standards Enforcement in June.<\/p>\n<p>&#8220;California workers deserve to be paid everything they are owed for their work,&#8221; said DIR Director Christine Baker. &#8220;Employers who deny their workers the pay they are rightfully owed will be held accountable to remedy the issue and restore wages due.&#8221;<\/p>\n<p>According to the agreement, the employer will pay each of the 28 workers their amount of wages owed as well as penalties assessed for the violations, a total of $260,066. Workers will each receive between $2,000 and $36,547.<\/p>\n<p>&#8220;This settlement sends a strong message to employers who fail to pay their workers everything they are owed,&#8221; said Su, the labor commissioner. &#8220;State law sets a wage floor under which no one should be forced to work and prohibits employers from playing fast and loose with workers&#8217; paychecks to avoid paying them properly.&#8221;<\/p>\n<p>In addition, Tsing Tao has agreed to maintain accurate records on a daily basis of hours worked, and provide employees with accurate wage statements as required by law.<\/p>\n<p>A further clause of the settlement stipulates a $50,000 penalty in liquidated damages if any of the employees suffers unlawful retaliation by the employer as a result of their cooperation with the Labor Commissioner&#8217;s investigation.<\/p>\n<p>The settlement brings the total amount of settlement payments obtained for workers in the San Francisco restaurant industry to over $900,000.<\/p>\n<p>The Asian Law Caucus and Chinese Progressive Association helped the workers in reaching the settlement with their employers.<\/p>\n<p>More than $400,000 in wages were also collected this year as a result of wage claims filed by 112 restaurant workers in the Labor Commissioner&#8217;s San Francisco District office, which services the city of San Francisco as well as adjacent cities including Daly City, Pacifica and San Bruno.<\/p>\n<p>http:\/\/www.examiner.com\/article\/chinese-american-restaurant-agrees-to-tough-settlement<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A San Francisco Chinese-American restaurant employing mostly Asian-Americans agreed to settle a case involving unpaid overtime and minimum wages. 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