Case details

Dishwasher claimed male crew would rub up against her

SUMMARY

$198415

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In January 2014, the plaintiff, a dishwasher in her 20s, began working on the kitchen staff at a restaurant in Simi Valley owned by 2ch Eatery Inc. She claimed that shortly after she began her employment, she was subjected to both verbal and physical sexual harassment. She also claimed she was paid less than minimum wage and that her supervisor, the chef, would do nothing to stop the harassing behavior. She further claimed that after she complained to the owners of 2ch Eatery, she was terminated from her position in July 2014. The plaintiff initially sued her former employer, 2ch Eatery Inc. On Jan. 1, 2016, “A Fair Day’s Pay Act” became effective, amending the Labor Code to add § 588.1, which expressly defines “employer or other person acting on behalf of an employer” to include a “natural person who is an owner, director, officer, or managing agent of the employer.” As a result, an employee could now bring wage and hour claims against the corporate owners, directors, officers, or managing agents who allegedly violate, or cause to be violated, various wage and hour laws in the Labor Code, and name them as individual defendants in a lawsuit. As a result, the owners of 2ch Eatery, Don Cho and Julie Kim, were added as defendants to the plaintiff’s suit. The plaintiff alleged that the defendants’ actions constituted gender discrimination and failure to prevent discrimination, in violation of the Labor Code. Plaintiff’s counsel contended that the plaintiff was paid under the table and that the defendants violated the Labor Code. The plaintiff claimed that soon after she began working with the defendants in January 2014, multiple incidents began in which other members of the kitchen staff would walk past her and rub their groin against her buttocks while she was working, and would also tell her that she “should go home” with them that night. She also claimed that her supervisor, the chef, would only be a few feet away, but did not stop the incidents and would only laugh. The plaintiff further claimed that the chef would then say that the perpetrators were “good guys” and that she “should go home” with the perpetrators. She alleged that before she was terminated in July 2014, she told Cho of the incidents while her boyfriend was also present, but that Cho responded that he should not hire women to work in the kitchen, that “women shouldn’t be back there,” and that she could not be hired as a waitress, so he would fire her. The defendants denied the plaintiff’s allegations, but the subject chef left the restaurant and no witnesses came forward. However, the defendants later failed to respond after the first amended complaint was served and filed., The plaintiff worked at the restaurant for a total of three months, until she was terminated in April 2014. She claimed she suffered emotional distress as a result of the incidents and her termination, and underwent some medical counseling for her condition. Thus, the plaintiff sought recovery for unpaid wages, punitive damages, and attorney fees.
COURT
Superior Court of Ventura County, Ventura, CA

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