LOS ANGELES — According to a recently filed putative class action wage and overtime lawsuit, Sarku Japan, a teriyaki and sushi chain, and its affiliates violated California labor laws with their wage practices. The teriyaki and sushi chain allegedly failed to pay its employees minimum wage and overtime and denied meal breaks, in addition to other payroll violations. The lawsuit is seeking compensation for unpaid back wages and other damages for its potential class members, which will likely include current and former employees who have worked for the sushi chain over the last two years.
The Teriyaki Claim
A former employee, Albin Juan Carlos Rivera Nunez, filed the claim in California state court alleging only state labor law violations. Nunez claims that employees were required to work off the clock when they were denied uninterrupted, duty-free meal and rest breaks. Not only is working off the clock a violation of both state and federal labor laws, California state labor laws specifically address working through meal breaks without receiving compensation.
In his claim, he is seeking unpaid wages, including overtime, and damages for the missed meal and rest breaks and other violations. The other violations include claims that the company failed to provide timely payment when employees were terminated or quit; the company failed to compensate employees for work-related expenses; and the company did not just allow, but required off-the-clock work.
Meal And Rest Breaks
Federal labor laws do not require employers to provide meal or rest breaks. However if an employer provides meal and rest breaks, federal law requires employers pay for any rest break under 15 minutes, but does not require employers to compensate employees for meal breaks, which are typically 30 minutes. State laws, on the other hand, vary from state to state with regard to what breaks, if any, an employer must provide its employees and the penalties for not providing those breaks. In California, employers are required to provide employees with both meal and rest breaks based on the number of hours the employee works and are penalized if they fail to provide them. In fact, not only are California employers penalized for not providing and allowing their employees to take uninterrupted 30-minute meal breaks, the employees receive additional pay for having been denied their meal break.
Not all state laws regarding meal and rest breaks are as employee-friendly as California’s. But if your employer is required to provide meal and rest breaks or has promised meal and rest breaks, and fails to provide them or compensate you for missed breaks, you may have a wage or overtime pay claim. Contact our experienced team of overtime pay lawyers today at (855) 754-2795. Or you can complete our Free Unpaid Overtime Case Review form and our knowledgeable legal team will evaluate your claim. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement. However, time is limited for filing wage and overtime complaints so it is important to call today!