Restaurant Group Accused of Violating California Employment Law

A new wage and hour lawsuit alleges violations of California employment law against Encore Restaurants and related subsidiaries of that company. This class and collective action under California employment law says that these companies have violated the Fair Labor Standards Act, the California Labor Code, and the Business and Professions Code.

Furthermore, individual claims were initiated under the California Fair Employment and Housing Act and the California Labor Code.

The plaintiff claims she was classified as an employee by the defendant as defined by Fair Labor Standards Ac. She alleges that the employer violated California employment law, entitling her to file a lawsuit.

The plaintiff in the California employment law legal claim was hired in March 2017 to work in a Stockton, Calif. Five Guys Burgers and Fries location. Her wage statements allegedly included a name of a related LLC tied to Encore Enterprises Inc. Encore Enterprises Inc. was listed on some documents and Encore Restaurants LLC was listed on other documents, she claims.

The plaintiff in the California employment law legal claim says that she was eligible for and regularly worked overtime and was employed as a nonexempt hourly employee. She says that in addition, other nonexempt and hourly employees such as herself were eligible for and at sometimes received commissions, bonuses and other types of compensation. The non-discretionary bonuses were also available to these employees as part of the Five Guys Enterprises’ Secret Shopper Program, the lawsuit says.

According to the California employment law legal claim, however, the defendant did not properly calculate or pay overtime wages that were owed to the plaintiff and other nonexempt employees.

The plaintiff also alleges that she did not receive appropriate non-discretionary bonuses commissioned and other items of compensation. She initiated the California employment law lawsuit, saying that she was not appropriately paid for all of the overtime work or work that she did.

Furthermore, the plaintiff in this California employment law legal claim alleges that her wage statements did not appropriately show details about her net wages earned, the gross wages earned and all necessary hourly rates in effect during those pay periods, and the number of hours put in at each hourly rate.

Allegedly, this was a violation of California Labor Code section 226 and other laws. Any employee or individual who find themselves in this situation may be eligible to participate in a class action lawsuit investigation by claiming that the relevant party is in violation of California employment law guidelines.

Employees who realize that they have been deprived of their legal rights can file lawsuits against the employer. Often this comes in the form of an overtime lawsuit lodged by the employee who believes they have been misclassified or that their time was not correctly calculated. In general, most employees who work more than forty hours in a week can be entitled to overtime protections and additional pay. Employers who deny that might be named in lawsuits.

The California Employment Law Lawsuit is case 2:18-CV-01623-MCE-KJN filed in the United States District Court for the Eastern District of California.

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