SAN FRANCISCO — A former prep cook for San Francisco-based Gordo Taqueria recently filed a proposed class action unpaid overtime lawsuit against the restaurant chain alleging that he and other employees were denied overtime and other wages. While it is still unclear how many other workers could join the suit, the news comes as no surprise to many focusing on wage and labor laws within the restaurant industry as workers like the plaintiff in this case are frequently the victims of this type of wage theft.
The plaintiff claims he worked for Gordo Taqueria from 2013 to 2015, during which time he alleges the defendant failed to pay him and other cooks their share of tips in a timely manner, sometimes as infrequently as once a year. Under California wage and labor laws, tip earning employees must have their tips paid out at the start of their next shift, at the latest.
Practices like this can take and especially harsh toll on restaurant workers who rely on the extra money from tips to cover basic necessities like food and gas. Even worse than the delay in tip payments is the allegation the defendant did not pay the plaintiff and others time and a half when they worked overtime hours.
In California, workers must be paid one and a half times their regular hourly wages when they work more than eight hours in a day or more than 40 hours per week. The eight-hour overtime provision is unique to the state but almost all hourly workers in the country must be paid overtime when working more than 40 hours in a week.
Attorneys for the plaintiff filed the unpaid overtime lawsuit in Alameda County Superior Court under California wage laws. While all workers enjoy protections under federal labor laws like the Fair Labor Standards Act (FLSA), some states like California offer plaintiffs more robust protections and the opportunity to collect more compensation to hold wrongdoers accountable for unscrupulous labor and business practices.
Restaurant Cook Unpaid Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.