Case details

Chef’s assistant: Overtime and minimum wages not paid

SUMMARY

$11677.12

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
FACTS
From mid-2004 until mid-2011, plaintiff Zhi Cai Jiang worked as a chef’s assistant at Palace Chef, a restaurant located in Fremont and owned by Tsuo Shan Wang. He claimed that during his employment, he was not paid minimum wages or overtime wages that he rightfully earned. He also claimed that his employer failed to provide required meal or rest breaks, and failed to maintain required time and wage records. Jiang sued Wang and Palace Chef for Labor Code violations related to their failure to pay overtime and minimum wages, failure to provide meal/rest breaks, and failure to maintain records. Wang and Palace Chef submitted a general denial of Jiang’s claims. Wang then counter-complained against Jiang, claiming that Jiang was liable for assault and battery, as well as intentional infliction of emotional distress. Palace Chef also counter-complained against Jiang, claiming that Jiang was liable for conversion and business defamation., Jiang sought recovery of approximately $61,875 in unpaid wages. He also sought interest, penalties under the Labor Code, and attorney fees. Wang sought recovery of damages for emotional distress and Palace Chef sought recovery of damages related to Jiang’s alleged conversion and business defamation.
COURT
Superior Court of Alameda County, Fremont, CA

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