California Olive Garden Workers Bring Wage-Related Claims

Two California men who allegedly worked as cooks at a Riverside County Olive
Garden have filed a putative class action as private attorneys general under
the California Labor Code, claiming that they performed off-the-clock work,
were not provided meal or rest breaks as required by law or paid overtime,
and had the cost of shoes deducted from their paychecks. Romo v. GMRI, Inc.,
No. RIC1203891 (Cal. Super. Ct., Riverside Cty., filed March 19, 2012). They
also claim that their employer failed to pay them promptly as required by law
when they left their jobs.

They seek to represent all non-exempt or hourly paid Olive Garden employees
in the state. According to the complaint, the off-the-clock and overtime work
the plaintiffs performed was necessitated due to the volume of work and
frequent understaffing. Claiming unpaid overtime, unpaid minimum wages,
non-compliant wage statements, unlawful deductions, and wages not timely
paid upon termination, the plaintiffs seek damages, restitution, injunctive
relief, and attorney’s fees in excess of $25,000 but less than $5 million. The
plaintiffs indicate that they provided notice of suit to the employer and are
thus authorized to recover civil penalties unless the Labor and Workforce
Development Agency “provides timely notice of its intent to investigate
Plaintiffs’ Labor Code claims.”