Case details

Employees claimed restaurant owner committed wage theft

SUMMARY

$297723

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
FACTS
In 2009, plaintiffs Marco Atempa and Keilyn Reyes both started work at the back end of Via Italia Trattoria restaurant, in Encinitas. They claimed that during the time they worked for the restaurant, up until 2015, they were denied proper meal and rest periods. They also claimed they were not paid the proper minimum wages or paid overtime and that they noticed inaccuracies with their time sheet records, resulting in wage theft. Atempa and Reyes sued the operator of Via Italia Trattoria, PAMA Inc., and the owner of PAMA Inc., Paolo Pedrazzani. Atempa and Reyes alleged meal- and rest-period violations, records violations, and unpaid overtime and minimum wages as a result of wage theft by PAMA Inc. and Paolo Pedrazzani. Plaintiffs’ counsel argued that the defendants would alter the electronic time records of their employees by cutting their hours worked every pay period. Counsel contended that Atempa and Reyes started noticing that they were short five to 10 hours per pay period and that other employees also started noticing these time-shaves. Some employees even testified at trial regarding the shortening of hours each pay period. Plaintiffs’ counsel further contended that Atempa and Reyes were paid straight time, or less than straight time, for some of their overtime hours worked and that Atempa and Reyes were not allowed to be fully relieved of their duties, or allowed to leave the restaurant, during any of their breaks. Defense counsel denied the claims of wage theft, meal- and rest-period violations, and records violations. Counsel also denied that Pedrazzani was liable for any damages. Handwriting forensics experts for both the plaintiffs and defense testified that Pedrazzani forged documents presented to the court. In addition, the court’s computer forensics expert testified that Pedrazzani destroyed and suppressed electronic evidence., Atempa and Reyes sought to collect for penalties under the Private Attorneys General Act of 2004 on behalf of the over 70 aggrieved employees.
COURT
Superior Court of San Diego County, San Diego, CA

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