In a recent California employment law case, Olli Salumeria Americana, LLC is accused of violating California labor law by failing to provide employees with meal breaks and rest periods, among other violations.

The Case: Violena Perez Martinez v. Olli Salumeria Americana, LLC

The Court: California Superior Court, County of San Diego

The Case No.: 37-2022-00017063-CU-OE-CTL

The Plaintiff: Martinez v. Olli Salumeria Americana, LLC

The plaintiff in the case, Violena Perez Martinez, filed a PAGA-only action citing violations by the defendant, Olli Salumeria Americana, LLC. Martinez was employed by Olli Salumeria Americana, LLC in California from July 2019 to December 2021. At all times during Martinez's employment, she was classified as a non-exempt employee, received pay on an hourly basis, and was entitled to the legally required meal and rest periods, minimum wage, and overtime wage requirements.

The Defendant: Martinez v. Olli Salumeria Americana, LLC

The defendant in the case, Olli Salumeria Americana, LLC, operates a business that sells, develops, and commercializes packaged foods. According to the court documents, the defendant allegedly violated several California and federal labor codes, including furnishing employees with a written, accurate itemized wage statement showing: gross wages earned, total hours worked, the number of piece-rate units earned, and any applicable piece-rate, any deductions, net wages earned, the dates for which the pay period provided the employee with payment, the employee's name and only the last four digits of the employee's social security number or an employee identification number, the name and address of the legal entity that is the employer and, all applicable hourly rate in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee. Olli Salumeria allegedly failed to provide its employees with accurate itemized wage statements that complied with California state law.

The Case: Martinez v. Olli Salumeria Americana, LLC

The representative class action complaint is pending in the San Diego County Superior Court. According to the lawsuit, Olli Salumeria allegedly violated the Private Attorneys General Act ("PAGA"). PAGA violations can give rise to civil penalties. PAGA allows aggrieved employees to file a lawsuit to recover civil penalties for themselves, other employees, and the State of California for Labor Code violations. An "aggrieved employee" is defined as someone "employed by the alleged violator and against whom one or more of the alleged violations was committed." See California Labor Code section 2699(c) for more. PAGA actions allow aggrieved employees to become "deputized" as private attorneys general so they can enforce the Labor Code on behalf of the state of California.

If you have questions about California employment law or need to file a wage and hour lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys can assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.