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U.S. District Court, Newark/Direct
Jean-David Barnea, Richard A. Martin, Kevin Burke; Lenora Lapidus, Claudia Flores/ACLU Women's Rights Project
The ACLU represents two immigrant waitresses at the Rainbow Buffet restaurant in Fairview, New Jersey who allege they were exploited by their bosses, deprived of wages and tips, and subjected to physical and emotional abuse.
The women, Mei Li and Li Wang, recount disturbing incidents of exploitation that took place during their employment at Rainbow Buffet between November 2003 and August 2004. During that time, the waitresses worked for more than 60 hours per week for far less than minimum wage. Each woman was paid only $120 per month in wages for nearly 300 monthly work hours. The Rainbow Buffet management also systematically confiscated portions of the tips the waitresses received from customers.
Li and Wang also charge that busboys and other employees at Rainbow Buffet intentionally hit them, touched them against their will, made humiliating and menacing sexual comments and threatened them, all with the full knowledge of management, who did nothing to stop the acts.
The ACLU complaint charges that the restaurant violated federal and state labor laws as well as state tort law. The ACLU seeks to recover for its clients all unpaid minimum wages and unpaid overtime compensation, and has asked the court to award appropriate compensatory and punitive damages. The ACLU previously filed charges of sexual harassment and wrongful discharge on the women's behalf with the Newark Area Office of the U.S. Equal Employment Opportunity Commission.
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