PHILADELPHIA — The owners and managers of Pin Wei Restaurant are asking a federal court to throw out a class-action lawsuit from six plaintiffs alleging unpaid wages and breach of contract.
The motion states that the King of Prussia restaurant owners and managers did not violate the Federal Labor Standards Act (FLSA) and Pennsylvania Minimum Wage Act (PAMWA) by underpaying its employees.
To the contrary, the defendants claim that the allegations contained in the complaint itself support a finding that the six plaintiffs were paid more than the statutorily required minimum wage.
This overage, defendants claim, establishes that plaintiffs also received tip income. The defendants also claim that the plaintiff's complaint is overly broad, vague and ambiguous, failing to specify a time period for which they were underpaid.
The plaintiffs allege they sustained damages from working long hours, typically around 65 hours per week, without being adequately compensated. The plaintiffs hold the defendants responsible because they allegedly failed to pay minimum and overtime wages to the plaintiffs.
The plaintiffs are represented by Philip Downey of the Downey Law Firm LLC in Unionville and John Troy of Troy Law PLLC in Flushing, New York. Vincent Pentima of the Pentima Law Firm in Bala Cynwyd represents the defendants.
The original complaint, filed March 10 in U.S. District Court for the Eastern District of Pennsylvania, sought injunction, unpaid minimum and overtime wages, liquidated and compensatory damages, interest and other payments.
U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-01073-RBS