Angel and Angel, on behalf of themselves, individually, and on behalf of all others similarly-situated, v. Noodle to Noodle, as a successor in interest to Kazumi 73, d/b/a/ Kazumi Susho Kingdom, and Wei Hui Lin a/k/a Steven Lin, individually, and Brenda Ong a/k/a/ Brenda Lin, individually, Civil Case No.: 20-cv-18790.

New Action filed in the District Court for the District of New Jersey

Angel and Angel, on behalf of themselves, individually, and on behalf of all others similarly-situated, v. Noodle to Noodle, as a successor in interest to Kazumi 73, d/b/a/ Kazumi Susho Kingdom, and Wei Hui Lin a/k/a Steven Lin, individually, and Brenda Ong a/k/a/ Brenda Lin, individually, Civil Case No.: 20-cv-18790. 

On December 11, 2020, Plaintiff Angel, on behalf of himself individually and on behalf of all others similarly-situated, filed a lawsuit in the United States District Court for the District of New Jersey against NOODLE TO NOODLE (“Defendant”) alleging as follows:

Plaintiffs worked for Defendants – – Kazumi, a Burlington County restaurant, which closed in or around November 2019 and now operates as Noodle to Noodle at the same location, and both entities owners/day-to-day overseers – – as non-managerial kitchen staff employees from mid-March 2016 through October 24, 2019 and October 2018 through October 24,2019, respectively.

As described below, throughout Plaintiffs’ employment, Defendants willfully failed to pay Plaintiffs the wages lawfully due to them under the Fair Labor Standards Act (“FLSA”) and the New Jersey Wage and Hour Law (“NJWHL”), and the New Jersey Wage Payment Law (“NJWPL”).  Specifically, throughout Plaintiffs employment, Defendants routinely required Plaintiffs to work, and Plaintiffs did work, beyond forty hours in a workweek, but Defendants failed to compensate Plaintiffs at the statutorily-required overtime rate of one and one-half times their regular rates of pay, or one and one-half times the minimum wage rate, if greater, for all hours that they worked per week in excess of forty.  Rather, Defendants paid Plaintiffs a flat weekly salary that by operation of law compensated them for their first forty hours of work each week only, and therefore Defendants paid Plaintiffs nothing for their hours worked in excess of forty each week.  Furthermore, throughout Plaintiffs employment, Defendants failed to pay Plaintiffs the full amount of their wages owed on each payday, in violation of the NJWPL.

Defendants paid and treated all their non-managerial kitchen staff employees in this same matter.  Accordingly, Plaintiffs bring this lawsuit against Defendants pursuant to the collective action provisions of the FLSA, 29 U.S.C. § 216(b), on behalf of themselves, individually, and on behalf of all other persons similarly-situated during the applicable FLSA limitations period who suffered damages as a result of Defendants violations of the FLSA.  Plaintiffs bring their claims under the NJWHL and the NJWPL on behalf of themselves, individually, and on behalf of any FLSA Plaintiff, as that term is defined below, who opts-in to this action. Plaintiff also brings this lawsuit as a class action pursuant to Federal Rule of Civil Procedure (“FRCP”) 23, on behalf of themselves, individually, and on behalf of all other persons similarly-situated during the applicable NJWHL and NJWPL limitations periods who suffered damages as a result of Defendants violations of the NJWHL and the NJWPL.

If any individual is or has previously been an employee of the Defendants named in the lawsuit and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.