Fay Da Bakery, biggest Chinese Bakery Chain, Sued for Illegal Meal Deductions and Uniform Maintenance Pay

Flushing, New York: The recently filed Complaint alleged that Fay Da Bakery deducted meal credit pay from employee’s paychecks without their knowledge. This meal deduction does not conform to the legal requirement of NYLL 142.22.

Fay Da only provides employees with Fay Da’s coffee & tea and bread of the bakery for lunch. In order to qualify to be credit to the meal, however, NYLL requires that meals include at least one of each: (1) fruits or vegetables, (2) grains or potatoes, (3) eggs, meat, fish, poultry, dairy, or legumes, (4) beverages. Fay Da meals thus do not meet the labor law requirement.

To make things worse, Fay Da Bakery requires full time employees to report to work in uniform each day, but only gave full-time employees two sets of their distinctive green shirt and bandanna uniform. As a result, Fay Da Bakery employees are obligated to spend time outside of work hours to lauder their uniforms without pay each and every day.

The meal deductions and uniform maintenance effectively bring Fay Da’s minimum-wage below the New York hourly minimum wage.

Troy Law, PLLC, representing two bakers at the Cantonese pastry chain Fay Da Bakery, filed a Collective Action and Class Action Complaint in the New York Eastern District Court.