A Chinese immigrant former chef will proceed to a trial on his retaliation claims under the Fair Labor Standards Act and state law against Shang Noodle House, Inc., a New York federal district court ruled, where fact questions remain and a reasonable jury could find the restaurant was involved in creating a retaliatory video, based on the circumstances and timing of the video, and the chef showed that a reasonable worker was dissuaded from engaging in protected FLSA activity due to the alleged retaliation.
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