Case details

Busboy claimed he was paid below minimum wage for months

SUMMARY

$24639.83

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
FACTS
On Nov. 14, 2011, plaintiff Juan Chavajay started working as a busboy at Karma Indian Cuisine, Moksha Restaurant Bar & Lounge, Clay Oven Indian Cuisine, and Venus Banquet Hall, all of which were allegedly owned by Upender Frank Chopra. Chavajay claimed that he was paid in cash and that he was paid under minimum wage, earning between $2.90 and $5.83 per hour, for approximately 60 to 69 hours per week. He ultimately left his position on Dec. 31, 2012. Chavajay sued the operating company for the four subject restaurants, Chopras Restaurant Inc., and the owner of Chopras Restaurant Inc., Frank Upender Chopra (who was initially sued incorrectly as Frank Upender Chopras). Chavajay alleged violations of the Labor Code, including failure to pay minimum wage, failure to pay overtime hours, failure to pay wages, failure to provide rest periods, failure to provide itemized wage statements, failure to pay split shift premium, and unfair competition. He also alleged violations of the Private Attorney General Act, which was later waived. Chavajay claimed there were two months when he did not work, but otherwise he was partly paid $400 every other week and then $700 every other week for the work he did. Chopra denied that Chavajay worked for the time period alleged, and claimed that Chavajay only worked for 1.5 months at the end of the time period Chavajay alleged. Chopra also claimed to have wage statements for the limited period of time that Chavajay was actually employed. Thus, defense counsel contended that Chavajay was paid properly for the limited amount of time that he worked., Chavajay sought recovery of damages for the violations of the Labor Code, plus penalties.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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