Oriental Buffet’s Facebook profile picture.
The owners of Oriental Buffet in Arcata and the Sushi Boat Buffet in Fortuna say they’re not guilty of the wage theft violations for which they were recently cited and fined more than $1 million by the state labor commissioner. In response to the Outpost‘s report on the citations, a commenter signed in as Oriental Buffet posted a statement in our comments section, and an identical statement was posted to the Oriental Buffet’s Facebook page.
“After reading this article,” the statement begins, “not only are the owners but also every single employee of Oriental Buffet are deeply angered. The employees are not slaves. Although their English is not the best, they are legal workers and get paid at least minimum wage. Our employees are heartbroken to hear that they have been called slaves after all their dedication and hard work at the restaurant.”
Neither the Outpost nor the Labor Commissioner’s Office called the company’s employees “slaves,” though our report did say that the working conditions described in the state agency’s news release “sound an awful lot like slave labor.” We stand by that analogy.
The Outpost requested an interview with the owners of Oriental Buffet and received an emailed response this afternoon from Richard Wahng of the Law Offices of Richard Wahng in Fremont. It said:
Our law firm has been asked by my client, Zhao & Wang, Inc. to respond to your request for their “side of the story” in connection with the article published at lostcoastoutpost.com. Zhao & Wang, Inc. maintains that there is no violation of law and the corporation is in the process of appealing the citations referenced in your article. We cannot provide further comments excepting the foregoing.
The news release from the Labor Commissioner’s Office described citations for 10 buffet restaurants in Northern California, including restaurants near Sacramento and in the Bay Area. The Outpost today followed up with the agency to find out the specific violations alleged of Oriental Buffet. In response, Peter Melton, a spokesperson for the agency, sent the following itemized list:
Zhao & Wong [sic] Inc. dba [doing business as] Oriental Buffet in Arcata, [fines] totaling $709,285.21 for 5 employees affected:
- Minimum wage underpaid: $238,813.70, plus civil penalty of $6,000.
- Liquidated damages: $348,164.07 [definition]
- Overtime premium unpaid: $51,658.30, plus civil penalty of $3,000
- Premium due for no meal periods given: $20,324.57, plus civil penalty of $3,000
- Premium due for no rest periods given: $20,324.57, plus civil penalty of $3,000
Li Ming Zhao & Qin Wen Wang, both individually and jointly dba Oriental Buffet in Fortuna, totaling $364,203.99 for 7 employees affected:
- Minimum wage underpaid: $126,094.29, plus civil penalty of $3,300
- Liquidated damages: $181,121.13
- Overtime premium unpaid: $27,275.71, plus civil penalty of $1,650.
- Premium due for no meal periods given: $10,731.43, plus civil penalty of $1,650
- Premium due for no rest periods given: $10,731.43, plus civil penalty of $1,650.
Melton said that the vast majority of those fees and penalties would go to the affected employees. The employer does have the option of requesting an appeal hearing where it can present evidence and argue its case before a final decision is rendered.