SAN FRANCISCO — A group of San Francisco kitchen workers recently filed a class action lawsuit on behalf of about 100 other employees against their employer seeking to recover unpaid overtime wages.
The complaint alleges various violations of California state labor and wage laws, including wage theft and failure to provide uninterrupted meal breaks to staff.
The defendant, Burma Superstar, stands accused by the plaintiffs of wage theft practices which are an all too common occurrence in the restaurant industry. The plaintiffs, many of them immigrants with limited language skills, claim Burma Superstar failed to pay workers minimum wage, provide 30-minute meal breaks, give sick times, and keep accurate wage statements of hours worked and earnings.
Workers claim they were pushed to their limits by managers to generate success for the three Burma Superstar restaurants in the Bay Area. Many say they were unaware of their rights under state and federal laws but even those who did know they were mistreated were afraid to speak out for fear of retaliation by their employer.
California Overtime Pay Laws
Under California overtime laws, hourly workers must be paid one and half times their regular rate of pay for overtime hours. Under the Fair Labor Standards Act, the weekly overtime threshold is 40-hours per week and under California law the daily overtime threshold is 8-hours.
Furthermore, every hourly employee must be afforded an uninterrupted 30-minute meal break after the fifth hour of work in a shift. Employees not given this meal break are entitled to an extra hour of hourly pay on their paycheck.
Common types of wage theft in restaurants includes making employees work off the clock before their shift begins, clocking employees out while still on the job, holding onto tip share, and paying staff a flat rate as opposed to an hourly rate when they are not overtime exempt. Kitchen and restaurant workers suspicious of wage theft should speak to an experienced overtime pay lawsuit attorney to discuss their case.
Restaurant Worker 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 feel 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.