True Food Kitchen Chain Settles Restaurant Wage Theft Lawsuit for $900,000

True Food Kitchen was recently hit with a class action restaurant wage theft lawsuit, alleging the restaurant chain had failed to pay employees for all hours worked and that staff were not given proper rest periods.

One of the claimants involved in the class action restaurant wage theft lawsuit asked a California federal court for preliminary approval of a $900,000 settlement to resolve the claim.The class action lawsuit was filed by plaintiffs Jennifer P. and Alexandra S., who worked in the restaurant chain located in Santa Monica, Calif.

According to the claim, both women allege the restaurant chain did not pay employees for all hours worked and were regularly denied breaks.

This alleged breach of labor laws was reportedly “due to chronic understaffing,” which the plaintiffs say caused employees to regularly be denied 30 minute meal breaks and 10 minute rest periods. In addition, employees were allegedly required to do “side work”, spending time “cashing out” customer bills or other tasks like cleaning tables while off the clock. Alexandra says she was also given staff training responsibilities with no overtime to accomplish it.

Overview of the Class Action Restaurant Wage Theft Lawsuit

According to the motion for preliminary approval, the claimants “can show that they and class members were clocking out from work at or near the sixth (sic) or even the eight hour mark but continuing to work off-the-clock.”

The claimants reportedly submitted “substantial evidence” to support these claims, but True Food Kitchen is combating these claims. According to the class action restaurant wage theft lawsuit, True Food Kitchen had submitted their own evidence that reportedly showed that employees were not working off the clock and that they could not provide breaks to staff due to severe understaffing.

However, regardless if this is true, plaintiffs say it does not detract from their claim that True Food Kitchen violated California wage and hour laws. California labor laws are more rigid than those in many other U.S. states.

California labor laws require companies to provide 30 minute meal breaks every five hours and 10 minute rest periods every four. During a designated meal break, employees must be free to leave their work site and must not perform any activities related to occupational duties.

If employees are forced to miss meal breaks due to issues like understaffing, the company must compensate them an extra hour of work on their next paycheck. In addition, any side work employees performed must be accounted for on their paycheck and cannot be dismissed if the employee performs it off the clock.

Employers must not have employees continue to perform work after they have clocked out, or face potential legal trouble from state or federal labor enforcement.

Class Members in the True Food Kitchen settlement include current and former waitstaff and other front of the house employees at California True Food Kitchen restaurants, a chain famously backed by Oprah Winfrey. The $900,000 settlement will resolve the litigation and provide compensation to Class Members.

True Food Kitchen operates 23 restaurants in 10 states and plans to continue expansion over the next few years, as Oprah put in her own investment to back the company.

Other restaurant chains, like McDonald’s, were similarly accused of wage and hour violations and have settled.

This Restaurant Wage Theft Class Action Lawsuit is Case No. 2:16-cv-06965 in the U.S. District Court for the Central District of California.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

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

Get a Free Case Evaluation Now