Case details

Servers claimed they were paid below minimum wage

SUMMARY

$250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
FACTS
From 2008 until 2012, plaintiffs Ming Shu Jin and Yu Fen Jin (no relation) worked as servers at Gaju Tofu & BBQ, a restaurant located in Rowland. The two women alleged that during the four years that they both worked at the establishment, they were not paid their full wages, nor were they provided their required meal and rest breaks. Ming Shu Jin and Yu Fen Jin sued the operators of the restaurant during the time of their employment, Gaju Tofu & BBQ Corp. and Broadland Investment Inc.; and owners Jerry Roan and Irene Roan. The corporate entities were both defunct by the time of the litigation, but on the eve of trial, the court issued sanctions, deeming the two defunct entities to be the alter egos of the Roans. According to plaintiff’s counsel, other sanctions were also issued against the defendants before trial equaling $21,562. Plaintiffs’ counsel contended that Ming Shu Jin and Yu Fen Jin both would work an average of 52 to 59 hours per week, but that they were paid an effective hourly rate of between $6.57 and $7.06 per hour, which was below minimum wage. Counsel further contended that the servers were only allowed to have breaks “when it was not busy,” which failed to meet the legal standard. In addition, plaintiffs’ counsel contended that the wage statements provided by the restaurant were inaccurate. Judge Robert Dukes ultimately declared that the defense had failed to present any evidence to rebut the plaintiffs’ contentions that they were not provided meal or rest breaks., Ming Shu Jin and Yu Fen Jin sought recovery of the wages that they were not paid by the restaurant. They also sought recovery of damages for the meal and rest breaks that were not provided and for the inaccurate wage statements.
COURT
Superior Court of Los Angeles County, Pomona, CA

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