Unpaid Overtime Wages Resulted from Miscalculation, Plaintiff Says

A former employee of Chuck E. Cheese’s restaurants is seeking unpaid overtime wages on behalf of himself and a Class of similar employees.

Plaintiff Kevin French is suing defendant CEC Entertainment. CEC runs over 500 Chuck E. Cheese’s restaurants in 47 states. French used to work as a technical manager at restaurant locations in Redwood, Calif., Brooklyn, N.Y. and Pinole, Calif.

CEC Owes Unpaid Overtime Wages, Plaintiff Claims

French argues that in calculating the hourly rate at which technical managers should be paid for overtime, CEC failed to account for the mandatory annual bonus that technical managers receive.

He alleges CEC calculated the overtime rate as one-and-a-half times the regular rate for technical managers. That rate would have been higher had CEC included the annual bonus in the calculation. By leaving that bonus out of the calculation, CEC Entertainment has unlawfully withheld unpaid overtime wages, French claims.

On behalf of California-based CEC employees, French also brings claims specific to that state’s employee protection laws.

Since these employees’ wage statements failed to reflect the alleged unpaid overtime wages, French argues they violate California state requirements to provide accurate wage statements.

Also, because of the alleged unpaid overtime wages, California employees who no longer work for CEC did not receive all the wages they were due when CEC cut them their final paycheck, he claims.

French also raises allegations of unreimbursed business expenses. He says technical managers were expected to use their own mobile devices to research parts for company equipment and to take and send photographic images of equipment. CEC never reimbursed the Class Members for this use of their personal devices and phone service, he claims.

Technical managers were also expected to use their personal vehicles for business purposes – also without reimbursement, French claims.

Class Members made trips for equipment parts, mandatory meetings, and bank services. French estimates he drove 100 to 250 miles per month on business-related errands but was never reimbursed for mileage or for wear and tear of his personal vehicle.

California and Federal Labor Protections

French’s claims fall under both California and federal law.

The federal claims take the form of a collective action claim under the federal Fair Labor Standards Act. Technically, FLSA lawsuits can be brought as a collective action, not as a class action. The difference is that persons who qualify for collective membership must affirmatively opt into that membership.

Those who do not opt in will not share in any recovery from that particular action, but they will retain their right to bring their own individual claim over the same issues.

French’s proposed FLSA Class would include all persons who, between Jan. 30, 2014 and the conclusion of this action, worked for CEC Entertainment as technical managers and who earned a non-discretionary bonus in a year in which they worked over 40 hours in at least one week.

French also proposes two Classes of California workers for his California law claims. The “California Overtime Class” would cover technical managers who are allegedly owed unpaid wages from as far back as Jan. 30, 2013.

The “California Unpaid Expenses” Class would cover all store-based employees in California who were authorized to drive from Jan. 30, 2013 through the conclusion of this action.

This Unpaid Overtime Wages Class Action Lawsuit is Kevin French v. CEC Entertainment Inc., Case No. 3:17-cv-00479, in the U.S. District Court for the Northern District of California.

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