Kim Gale  |  May 1, 2017

Category: Labor & Employment

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Table layout in a restaurant or hotel with utensils before a meal. Suitable for generic concepts such as food and beverage, health and dieting, dining and food catering.

An overtime pay lawsuit has been filed against a California hospitality group that includes the posh Shade hotels and several popular restaurants, including one connected to two Kiss band members.

The Zislis Group, owned by Michael Zislis, owns two Rock’n Fish restaurants and the Rock & Brews restaurant chain. The latter was co-founded by Zislis and Kiss band members Gene Simmons and Paul Stanley.

The overtime pay lawsuit alleges the company violated California wage and hours laws by not providing necessary meal and rest periods in addition to not paying overtime and minimum wages.

Current Rock’n Fish employee David Martinez Oliva is the lead plaintiff in the proposed overtime class action lawsuit.

Named defendants in the case are the Rock’n Fish restaurants, the Zislis Group, and Zislis Boutique Hotels LLC. The Rock & Brews restaurants are not named in the overtime pay lawsuit.

The Rock’n Fish restaurants are located in downtown Los Angeles and in Manhattan Beach. The website says, “Come down and let us treat you right.”

Overtime Pay Lawsuit Claims Breaks, Lunches Denied

David accuses his employer of regularly expecting employees to work off the clock, denying them overtime pay and required break times. These actions violate the California Labor Code, Industrial Welfare Commission wage orders and the Business and Professions Code.

“During the class period, as part of defendants’ illegal payroll policies and practices to deprive their non-exempt employees all wages earned and due, defendants required, permitted or otherwise suffered plaintiff and class members to take less than the 30-minute meal period, or to work through them, and have failed to otherwise provide the required meal periods to plaintiff and class members pursuant to California Labor Code 226.7, 512 and IWC Order No 5-2001,” David claims in the overtime pay lawsuit.

The complaint says that for the last four years, Rock’n Fish did not fully pay its discharged or quitting employees the money owed them, nor did the restaurant compensate employees who saw expenses or losses as a result of absorbing the additional duties.

In addition, the company allegedly did not calculate overtime pay in a legal manner, nor did it provide accurate wage statements or maintain proper wage and hour records.

David and the proposed class of former and current employees seek compensatory damages, restitution of unpaid wages and overtime, disgorgement of profits from the restaurant’s allegedly unlawful gains, liquidated damages pursuant to California Labor Code, and statutory and civil penalties.

California wage and hour laws are designed to protect employees from unfair employers who would place profits ahead of workers’ rights.

The Overtime Pay Lawsuit is Case No. BC658207 in the Superior Court of the State of California, County of Los Angeles.

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One thought on Overtime Pay Lawsuit Filed Against Owners of California’s Rock’n Fish

  1. Sierra Lin says:

    My Name is Sierra Lin and I worked at Rock N Fish La Live from. February 2011- August 2011. I was not paid for break or meal penalties, and I was not given the opportunity to take a break or eat during my shifts.

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