Case details

Employee claimed he was not paid overtime or given proper breaks

SUMMARY

$142995.07

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
FACTS
In 2009, plaintiff Francisco Guerrero, a man in his 30s, began working as a dishwasher at Valentino’s Lounge & Grill. He eventually became a cook and he continued working at the restaurant until 2015. Guerrero claimed that he was paid in cash during the entire time of his employment, but that he was not paid for overtime or provided with the required meal and rest brakes. Guerrero sued the operator of Valentino’s Lounge & Grill, Valentino’s Restaurant Holdings Inc., and the individual corporate officer/owner of Valentino’s Restaurant Holdings, Kusay Yousif. Johnny Hirmez and Villagio Mart Partners, LLC were also sued, but they were ultimately dismissed from the case. Guerrero claimed that he was not paid overtime wages, but that, instead, he was paid at the regular rate of pay in cash and that he was not given meal and rest breaks. He also claimed that he was not properly provided with wage statements. Thus, plaintiff’s counsel argued that the actions of Yousif and his company against Guerrero and other similarly aggrieved employees constituted wage theft and were penalties pursuant to the Private Attorneys General of 2004. Defense counsel denied that Yousif or Valentino’s Restaurant Holdings committed any labor violations., Guerrero sought recovery of unpaid wages and penalties from 2011 to 2015. He no longer works at the restaurant.
COURT
Superior Court of San Diego County, San Diego, CA

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