Case details

Cook claimed employer failed to pay for overtime

SUMMARY

$272485.52

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
FACTS
In 1987, plaintiff Cipriano Contreras began working as a cook for Etna Restaurant and Pizza House. He was ultimately terminated from his position on Aug. 21, 2008. Contreras claimed that he was not provided meal and rest breaks, and was not paid for the overtime hours he worked during his over 20 years of employment. Contreras sued his employers, Taste of Italy Inc. and Taste of Italy Restaurant Group Inc.; the owner of the corporations, Diah Petros Asker, Jr.; and the corporations’ designated agent for service of process, Daniel Weber. Contreras alleged that the defendants violated the Labor Code by failing to provide meal and rest breaks, and failing to pay for overtime. Weber was ultimately removed from the case. Asker was also let out of the case and Taste of Italy Restaurant Group Inc. defaulted. Thus, the matter proceeded to a bench trial against Taste of Italy Inc. only. Although Contreras alleged that he was not paid for overtime during his over 20 years of employment, his claim was limited to only four years, per the statute of limitations. Plaintiff’s counsel contended that Contreras was paid by the hour and that Contreras worked 12-hour days, for 6 days a week. However, counsel contended that Taste of Italy Inc. capped Contreras’ hours at 40 hours and that the corporation did not pay Contreras overtime wages for those hours worked over 40 hours. Additionally, plaintiff’s counsel contended that the itemized wage statements that Taste of Italy Inc. submitted also only listed Contreras as working 40 hours. Defense counsel denied that Contreras worked over 40 hours per week. However, counsel contended that Taste of Italy Inc.’s records were lost, so the corporation could not produce any records. In response to Taste of Italy Inc. not being able to provide records, Contreras and his former managers provided testimony that reconstructed the hours Contreras worked., Contreras sought recovery of damages for unpaid wages based on the overtime hours worked, meal and rest breaks, and itemized wage statements.
COURT
Superior Court of San Diego County, San Diego, CA

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