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Hibachi Grill’s employment charges the latest of government intervention at buffet

Hibachi Grill in Sioux Falls has a history of government intervention with the U.S. Labor Department and the Sioux Falls Health Department.

Hibachi Grill and Supreme Buffet.jpg
Hibachi Grill and Supreme Buffet was temporarily closed in April after its owner, manager and two others were federally charged under immigration and employment laws.
Kendall Larson / For Sioux Falls Live

SIOUX FALLS — Federal charges against four people associated with a Sioux Falls buffet aren’t the first time the business has been in hot water with governmental agencies.

In early April, federal court documents were unsealed charging Hui “Peter” Weng, Min “Mariguano” Lin, Jin “Yo-Yo” Pan and a fourth unnamed person with "harboring aliens" and "conspiracy to harbor aliens."

Federal prosecutors name Weng as the owner of Hibachi Grill and Supreme Buffet on West 41st Street, Lin as a manager and Pan as a conspirator.

The four defendants are accused of enticing and encouraging at least seven residents of other countries to illegally enter the United States and work without proper authorization from federal authorities. In exchange, prosecutors say the unauthorized workers were set up with employment at the buffet plus housing.

Federal prosecutors say four defendants would encourage people to illegally enter the United States, offering them housing and employment.

The three named defendants have since pleaded not guilty to the charges and are on conditional release from federal custody pending trial.

But this month’s law enforcement presence at Hibachi Grill and Supreme Buffet isn’t the first time authorities, local or federal, have cited the restaurant.

Hibachi Grill and Supreme Buffet Storefront.jpg
Hibachi Grill and Supreme Buffet is located at 1100 W. 41st St. in Sioux Falls.
Kendall Larson / For Sioux Falls Live

In 2022, the U.S. Department of Labor’s Wage and Hour Division intervened in the buffet’s bookkeeping after it found that the restaurant had violated labor laws affecting more than 30 employees.

According to the labor department’s investigation, kitchen workers were being paid a flat fee and were denied pay for overtime hours worked as prescribed by federal labor laws. The investigation also found that ownership had violated the Fair Labor Standards Act by failing to maintain accurate records of hours worked, as well as employees’ full names and addresses.

The U.S. Department of Labor said Hibachi Grill employees would be paid a flat monthly wage and were not properly compensated for overtime hours worked.

“[The buffet’s ownership] denied 31 kitchen workers their full wages and hurt these workers and their families by making it more difficult for them to make ends meet,” explained Chad Frasier, director of the Wage and Hour Division’s Denver district. “The Wage and Hour Division knows violations like these are all too common in the restaurant industry, and we leverage resources — such as working cooperatively with advocacy groups — to bring employers into compliance and ensure workers’ rights and benefits are protected under the law.”

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Following its investigation, the Department of Labor recovered $279,000 in back wages and liquidated damages for the employees who were owed.

The Department of Labor did not specify whether its agents discovered any unauthorized workers during its investigation.

Further, the buffet has struggled to maintain its compliance with Sioux Falls health codes.

The former Department of Public Safety inspector pleaded guilty to four of the 26 felony charges she was facing.

The City of Sioux Falls maintains an online database of the city’s more than 900 food service establishments, making public each location’s most recent score.

More than 40% of the city’s food service establishments earned a perfect score at their latest inspections, while nearly 85% scored a 95 out of 100.

According to health inspection reports obtained by Sioux Falls Live, Hibachi Grill and Supreme Buffet has scored between 80 and 86 on seven inspections since Jan. 1, 2022. Fewer than 30 establishments currently have a score below 90.

Across those seven inspections, 16 critical violations and more than 40 non-critical violations were documented.

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Hibachi Grill and Supreme Buffet has consistently struggled with food storage, the reports conclude, including the repeated placement of raw meats above raw fish, as well as failure to store certain meats and seafood products below required temperatures.

“Salmon raw fish, which had not been properly frozen, were being served in the establishment. Salmon and other raw fish (other than certain species of Tuna) must be frozen at -4°F for 7 days to kill any potential parasites, parasitic worms,” one health inspector wrote. “Many fish carry parasitic worms which may cause illness if fish are eaten raw.”

Other health inspectors reported discovering raw seafood stored above potatoes and vegetables, the presence of discolored beef, and the storage of unlabeled cleaning chemicals near food and food preparation surfaces.

Multiple reports also document a struggle with general cleanliness, including the presence of dead cockroaches during one inspection.

“Proof of the use of a professional pest control company was provided to the inspector,” the report reads. “However, due to the presence of dead insects an additional treatment is strongly advised at this time.”

Freezers, coolers, ventilation hoods, fans, floors, walls and more have all also been identified as in need of cleaning across the reports.

Hibachi Grill and Supreme Buffet were closed for a period of time following the arrests of Weng, Lin and Pan. A sign was posted in the restaurant’s entrance indicating the closure was a result of a staffing shortage. A “help wanted” was posted underneath.

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The restaurant has since reopened, according to its social media page.

Calls to Hibachi Grill and Supreme Buffet for comment regarding the restaurant’s status were disconnected.

A South Dakota native, Hunter joined Forum Communications as a reporter for the Mitchell (S.D.) Republic in June 2021 and now works as a digital reporter for Forum News Service.
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