Case details

Former employees claimed overtime wages not paid

SUMMARY

$284244.7

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
FACTS
Plaintiffs Jian Liu, a cook, and Yan Ni Shen, a waitress, worked at Joy Feast in Burbank since July 2008 and June 2010, respectively. In the spring of 2011, both Liu and Shen quit their jobs due to disputes over alleged unpaid overtime wages and waiting time penalties. Liu and Shen sued the owner of the restaurant, Jeff Wong, and the operator of Joy Feast, Chyn King Inc. They alleged that the defendants failed to pay them appropriate wages based on the hours worked in violation of the California Labor Law and the Fair Labor Standards Act. The matter proceeded to a bench trial. Liu and Shen contended that the defendants failed to provide itemized wage statements. They also contended that from the time they started working at Joy Feast, they were never paid for overtime hours worked and that corresponding waiting time penalties should be assessed. Wong claimed that the plaintiffs were not owed any unpaid overtime wages or waiting time penalties. Defense counsel argued that the employer and employees had explicit wage agreements, which properly compensated Liu and Shen for all over overtime wages earned., Liu, who earned a monthly base salary of $2,500, claimed $77,304.07 in unpaid overtime wages, Labor Code § 226 penalties and waiting time penalties. He also sought recovery of $19,590.51 in prejudgment interest. Shen, who earned $68 per day, claimed $8,672.25 in unpaid overtime wages and waiting time penalties. She also sought recovery of $861.62 in prejudgment interest. The plaintiffs additionally sought $177,816.25 in attorneys’ fees.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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