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David Ip, the former owner and operator of Ichiban restaurant in Albany, tried to intimidate three workers and prevent them from participating in the lawsuit, the department alleges in a suit filed Thursday, Aug. 25 in federal court in Albany.
The lawsuit claims that Ip shared personal and other sensitive information about the three workers with a Rensselaer County sheriff’s deputy who worked for his security business when off duty.
That deputy, the lawsuit alleges, then contacted US Immigration and Customs Enforcement (ICE) and told authorities where they would be appearing in Albany for a scheduled deposition in their class action lawsuit.
ICE agents later detained and arrested one of the workers during a lunch break of his deposition that was conducted by Ip’s attorney, according to the lawsuit.
The man, who worked as a chef at Ip's restaurant, was an undocumented immigrant from China with no criminal record during his decade of living in the US, according to the Albany Times Union.
“The US Department of Labor takes allegations of retaliation very seriously and will not hesitate to take legal action to prevent employers from engaging in unlawful retaliation and recover damages for affected workers,” Regional Solicitor of Labor Jeffrey Rogoff said.
The complaint seeks a court order stopping Ip from taking further “adverse action” against former and current employees.
It also seeks compensatory and punitive damages for the workers stemming from Ip’s alleged “willful and flagrant” violations of the Fair Labor Standards Act’s anti-retaliation provisions.
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