In recent news, Syufy Enterprises and Tomatina Restaurants face allegations that they violated California Labor Code by failing to pay their employees.

The Case: Gina Ricci v. Tomatina Restaurants and Syufy Enterprises

The Court: San Mateo County Superior Court of the State of California

The Case No.: 22-CIV-04939

The Plaintiff: Gina Ricci v. Tomatina Restaurants and Syufy Enterprises

The plaintiff in the case, Gina Ricci, filed a class action complaint alleging multiple California employment law violations. The defendant employed Ricci from February 2020 through July 2021. As a non-exempt, hourly employee, Ricci was entitled to the protections provided by federal and state employment law for employees, including required meal and rest periods, minimum wage, and overtime wages. Ricci filed the class action seeking compensation for losses incurred due to the defendant's alleged employment law violations for herself and on behalf of eligible class members.

The Defendant: Gina Ricci v. Tomatina Restaurants and Syufy Enterprises

Tomatina Restaurants and Syufy Enterprises are defined as joint employers of the plaintiff according to the arguments presented in the complaint. Tomatina Restaurants are a popular Italian dining location with multiple locations in California.

The Case: Gina Ricci v. Tomatina Restaurants and Syufy Enterprises

According to Ricci, the plaintiff in the California class action, the staff's rigorous work schedule inhibited them from taking off-duty meal breaks, they were not fully relieved of duty for their required meal periods, and from time to time, they were interrupted during their off-duty meal periods to fulfill job duties "off the clock" for Tomatina restaurants and Syufy Enterprises. According to the plaintiff, employees were required to work shifts longer than five hours without receiving off-duty meal breaks, and the defendant failed to with second off-duty meal breaks when they worked more than ten hours in one workday. The company allegedly required that their employees stay on call (and essentially on duty) during what was supposed to be "off duty" meal periods. The standard business practice caused employees to forfeit meal breaks, and the company did not provide additional compensation.

If you have questions about filing a California class action overtime lawsuit, don't hesitate to contact Blumenthal Nordrehaug Bhowmik DeBlouw L.L.P. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.