Burma Superstar Restaurant Workers Awarded $1.3M in Class Action Suit

Burma Superstar restaurant workers alleging failure to pay overtime and failure to provide required sick leave were awarded a $1.3 million class-action settlement.

Local California Restaurant Accused of Unfair and Unpaid Wages:

Owners of local restaurant chain Burma Superstar (with locations in Oakland, Alameda, and San Francisco) face allegations including failure to pay minimum wage, failure to pay mandatory overtime, failure to provide sick leave, and failure to provide mandatory rest periods and meal breaks.

Current and Former California Restaurant Workers File Class Action Lawsuit:

The California class action was filed in Alameda County Superior Court. Class members include 350 current and former Burma Superstar kitchen workers. In June 2020, the California judge hearing the case issued a $1.3 million settlement in favor of the plaintiffs. The workers are proud that they stood up for themselves and hope they made some real change. One of the plaintiffs who went on record was William Navarette, a Burma Superstar dishwasher, food preparer, and cook. Navarette was employed by the local California restaurant from 2011 through 2016 and worked at all three locations in San Francisco, Oakland, and Alameda.

Workers Allege California Labor Law Violations:  

According to the lawsuit, workers were required to work full-time hours (8 hours per day and 40 hours per week), but were not classified as full-time employees by Burma Superstar restaurant. Workers also allege that the restaurant did not provide the required 30-minute meal breaks or mandatory 10 minute rest periods as outlined by labor laws. According to the court documents, workers allege they were provided a fixed salary that totaled less than 2x California’s minimum wage.

The Defendant’s Response to the Allegations:  

Burma Superstar owner, Desmond Tan, said the restaurant has always been and continues to be dedicated to the well-being of their workers. They strongly disagree with the allegations in the lawsuit and claim they settled the suit to move forward. They’re glad it’s over and can now look forward to doing what they love, providing Bay area residents with the best Burmese cuisine.

The Pandemic Caused Massive Decrease in Traffic:

Before the novel coronavirus was declared a pandemic, the Burma Superstar restaurants typically had lines out the door. Californians happily waited for a table at one of their popular locations. During these challenging times, restaurants like Burma Superstar depend heavily on community support and dedicated employees – restaurant workers are a huge part of any restaurant’s success. In addition to the $1.3 million settlement, Burma Superstar restaurants also agreed to restore tips to their kitchen staff, return back holiday and time-off benefits, and provide Burmese, Spanish, and Chinese translations of their employee handbooks. 

If you have questions about how to identify California labor law violations or if you need to file a class-action lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.