HomeTown Buffet Agrees to $2M Wage and Hour Settlement

HomeTown Buffet and Old Country Buffet, both owned by Ovation Brands Inc., have agreed to pay $2 million dollars as part of a wage and hour class action settlement.

Class Members of this wage and hour class action lawsuit against the restaurants claim that their employer did not provide proper breaks, reimburse for gas mileage, and did not pay employees their final wages within a fair amount of time once they were no longer employed with the company.

Lead plaintiff Berta M. brought the wage and hour lawsuit against HomeTown Buffet and Old Country Buffet seeking compensation for herself and a Class consisting of about 11,000 nonexempt employees in California who worked during July 19, 2012 and March 10, 2015.

Workers who file a valid settlement claim will be compensated based on the number of weeks worked during the aforementioned dates. Additionally, approximately $525,000 will be paid to class counsel for attorney’s fees and costs.

The initial California employee rights class action lawsuit filed in 2014 claimed that the restaurants did not provide California-mandated break times of 10 minutes for every four hours of work as well as 30 minute meal breaks for employees within their first five hours of work. The employer also required workers to use their own cars for pickups and deliveries related to their work position, but did not reimburse for gas mileage for personal vehicle use.

Additionally, the California wage and hour class action lawsuit claimed that HomeTown Buffet and Old Country Buffet did not provide accurate wage statements, and they failed to pay final wages in a timely manner after employees resigned or were terminated.

There were extensive negotiations in the case because the deal took into account the financial distress that Ovation Brands has experienced with its restaurants in recent years. As of 2013, Ovation Brands (formerly known as Buffets Restaurants Holdings Inc.) has gone through bankruptcy twice.

The Wage and Hour California Hometown Buffet Lawsuit is Berta Martin Del Campo v. Hometown Buffet Inc. et al, Case No. 2:14-cv-04378, in the U.S. District Court for the Central District of California.

California Wage and Hour Law Summary Related to Hometown Buffet Class Action Lawsuit

With respect to the allegations raised against the employer, the following is a summary of relevant California Labor Law:

California Break Laws

Employers must provide a paid break or rest period for every 4 hours worked. Ideally, these breaks should take place in the middle of the 4 hour period. Employees who work less than 3.5 hours are not required to have a break.

California Lunch Break Law

California employers may not have employees work more than 5 hours per day without providing a 30 minute or longer meal period. If the employee works 6 hours or less, however, upon mutual agreement between the employer and employee, this meal period may be waived. This applies to employees working up to 10 hours per day. Meal breaks do not have to be paid.

California Final Paycheck Law

A California employee who is fired must be paid immediately. If an employee quits without advance notice, payment must be made within 72 hours. If an employee gives 72 hours notice, the employee is entitled to the paycheck immediately after completing work on the last day.

California Mileage Reimbursement Law

If an employer requires an employee to use his/her own vehicle for work related duties, mileage must be reimbursed. Typically, employees keep records of miles and employers reimburse before the end of that same month or no later than the end of the following month if the employee fails to submit the reimbursement within the initial same-month filing period.

Wage and Hour Class Action Lawsuit Information

If you have been working without proper breaks, had issues with timely receipt of a final paycheck, or were not properly reimbursed for mileage while completing work duties, you may have a legal claim.  Lawyers are available to assist you in navigating California wage and hour law and provide consultations on your situation at no charge to you.

Join a Free California Overtime, Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.

Get a Free Case Evaluation Now