SAN FRANCISCO – A Santa Clara County restaurant is alleged to have failed to provide accurate wage stubs.

Eduardo Lemus filed a complaint on behalf of putative plaintiffs on April 5 in the U.S. District Court for the Northern District of California against Thanh BBQ & Noodle Inc., doing business as Com Tam Thanh Vietnamese Noodle House; Com Tam Thanh Inc., Lien Nguyen, Thuan Ho, Phuong Dam citing the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that he worked for more than 40 hours without being paid proper wages for the defendants. The plaintiff holds the defendants responsible because the defendants also allegedly failed to provide adequate meal and rest breaks to the plaintiff as well as failed to provide an accurate wage statement.

The plaintiff seeks compensatory damages for unpaid overtime wages, liquidated damages, restitution, waiting time penalty damages, interest of 10 percent on the unpaid overtime compensation and unpaid salaries, all legal fees and any other relief as the court deems just. He is represented by James Dal Bon of Law Office of James Dal Bon in San Jose.

U.S. District Court for the Northern District of California Case number 5:17-cv-01890-NC

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