Wendy Chavez, on behalf of herself, and as an "aggrieved employee" on behalf of other "aggrieved employees" under the Labor Code Private Attorneys General Act of 2004 v. Texas De Brazil (Fresno) Corporation; Texas de Brazil (Carlsbad) Corporation; Texas de Brazil (Irvine) Corporation, and Does 1 through 50, inclusive
Published: Nov. 5, 2021 | Result Date: Oct. 13, 2021 | Filing Date: Nov. 22, 2019 |Case number: 19CECG04249 Settlement – $400,000
Judge
Court
Fresno County Superior Court
Attorneys
Plaintiff
David G. Spivak
(The Spivak Law Firm)
Maralle Messrelian
(The Spivak Law Firm)
Walter L. Haines
(United Employees Law Group PC)
Defendant
Allan J. Gomes
(Anderies & Gomes LLP)
Facts
Three former employees filed a Private Attorney Generals Act (PAGA) lawsuit against Texas de Brazil, a Brazilian churrascaria restaurant chain that has locations in Fresno, Carlsbad and Irvine. The restaurant employed various workers in several hourly, non-exempt positions such as hosts, servers, meat carvers, kitchen prep, bartenders, butchers, cleaners and dishwashers. Plaintiffs filed a class and collection action lawsuit under the Fair Labor Standards Act.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants violated several wage violations, failing to pay her and about 493 restaurant employees for all hours worked at the appropriate rates of pay because they did not pay them for the time they required them to work off-the-clock. They further alleged that defendants failed to allow all required meal and rest periods, and stopped them from leaving the restaurant during rest breaks. Defendants also failed to pay premium wages when required to do so along with violating wage statement requirements.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Settlement Discussions
The mediation sessions were overseen by Michael Loeb, Esq.
Result
The case settled for $400,000.
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