Roscoe’s Chicken Sued For Discrimination, Violation of California Break Laws

The operators of several Roscoe’s Chicken restaurants (Amusement Foods Inc. and Shoreline Foods Inc.) have been hit with allegations of discrimination, wrongful termination and violating California break laws.

The Southern California institution was founded in 1975. It specializes in grandma’s Southern specialties — fried chicken, collard greens, macaroni and cheese and corn bread.

The chain’s Los Angeles and Hollywood locations have become favorite stops for everyone from celebrities to supermodels and politicians. In 2014, Roscoe’s opened its first Orange County location in Anaheim.

Plaintiff Anitra Simmons filing the proposed wage and hour class action lawsuit on April 27, alleging she was discriminated against and eventually terminated for having darker skin than her African American co-workers, despite being the same race.

Simmons worked as a waitress at various Roscoe’s restaurants in Southern California including the Long Beach, Los Angeles, and Anaheim locations for approximately a year and a half.

“During plaintiff’s employment at the Anaheim location, she observed those persons of her same race, African American, but with lighter skin, being given preferential treatment by her supervisor in the form of shifts, benefits, work stations and the like,” the complaint says.

Additionally, Simmons says that she was regularly working off the clock by being required to clock out for breaks she didn’t take, a violation of California wage and hour laws. Simmons also claims that she purchased out of her own pocket supplies for the store when they ran out as well as her own uniform, for which she was not reimbursed.

Simmons says was wrongfully terminated in December 2015 in retaliation for complaining about alleged unsafe working conditions at the restaurant’s Anaheim location.

Specifically, Simmons asserts that particular workstations were unsafe and many employees were routinely “electrocuted” when using the workstation.

However, according to Simmons, Roscoe’s retaliated by terminating her unemployment for the given reason she parked in a non-employee designated space.  Simmons claims that many other employees regularly parked in non-designated parking spaces without any consequences.

“The reason for plaintiff’s termination was merely a pretext for the real reason for termination,” the lawsuit says, “which were plaintiff’s complaints of unsafe working conditions.”

She is bringing forth specific claims of failure to:

• Pay owed wages at the time of her termination
• Provide rest and meal breaks in accordance with California break laws
• Reimburse work-related expenses

Simmons is also alleging Roscoe’s discriminated against her and violated California whistleblower protection laws.

California Break Laws

California break laws require employers to provide a 30-minute lunch break once the employee has worked five hours. An employer does not have to pay for this time. If the employee’s workday will be completed in six hours or less, the employee may consent to waive the right to a meal break.

Violations of California break laws are one of the most common employment abuses in the state. As many workers know, employers frequently assert pressure on employees to shorten, interrupt, or work through their lunch periods.

In California, employers are not permitted to require employees to be working off the clock and cannot dock pay for using the restroom or taking rightful break time.

If you are employed in the State of California and feel that your employer has violated California wage and hour laws, you may qualify for damages that may be awarded in a possible class action lawsuit.

The Roscoe’s Chicken Wage and Hour Class Action Lawsuit is Anitra Simmons v. Amusement Foods Inc. et al, Case No. BC618594, in the Superior Court of the State of California, County of Los Angeles.

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