RA Sushi Faces a PAGA-Only Action Alleging Labor Code Violations

In a recent California class action, California employees claimed that Ra Sushi Tustin Corp. violated California labor law.

The Case: Candace Hudnell v. Ra Sushi Tustin Corp.

The Court: Los Angeles County Superior Court

The Case No.: 24TRCV03494

The Plaintiff: Candace Hudnell v. Ra Sushi Tustin Corp.

The plaintiff, Candace Hudnell, filed a California class action alleging that RA Sushi Tustin Corp. violated Labor Code § 2699 after allegedly failing to provide the plaintiff (and other similarly situated employees) with legally required meal and rest breaks.

The Defendant: Candace Hudnell v. Ra Sushi Tustin Corp.

The defendant, RA Sushi Tustin Corp., allegedly failed to provide employees with labor code-mandated meal breaks and rest periods. This was allegedly a standard practice during the plaintiff’s time with the company, causing the plaintiff and other employees to receive incomplete wages. Specifically, the plaintiff claims that RA Sushi workers were sometimes required to work more than four (4) hours without the ten-minute rest periods and off-duty breaks that California employers must provide for their hourly nonexempt employees.

Note: The California Supreme Court defined off-duty rest periods as the time during which an employee is relieved from all work-related duties and free from employer control.

The Allegations: Candace Hudnell v. Ra Sushi Tustin Corp.

Hudnell claims that Ra Sushi Tustin Corp. engaged in multiple labor law violations. The lawsuit seeks penalties for alleged violations of California Labor Code §§ 201-203, 204, 210, 218, 221, 226(a), 226.7, 227.3, 246, 510, 512, 558(a)(1)(2), 1194, 1197, 1197.1, 1198, 2100, and 2802.

What is a PAGA-Only Action?

In California, an employee can sue under the PAGA; this mechanism allows the State to enforce state labor laws with the employee acting as the proxy or agent of the State’s labor law enforcement agency. A PAGA-Only action is essentially a law enforcement action intended to protect the public rather than benefit any private party. Rather than seeking to recover damages or restitution, the PAGA-Only action “deputizes” a citizen/employee as a private attorney general to enforce the California Labor Code.

The Case: Candace Hudnell v. Ra Sushi Tustin Corp.

The plaintiff filed a PAGA-Only action, and the case is pending in the Los Angeles County Superior Court.

If you have questions about filing a California PAGA-Only action, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to assist you in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.