Case Background
Nancy Jaylene Cruz and Janco Barboza filed a class action lawsuit in the Superior Court of California, County of Los Angeles, against Los Compadres Restaurant, Inc. The plaintiffs, former employees, brought the case on behalf of themselves and other similarly situated individuals. The complaint alleges numerous violations of California labor laws.
Cause
The lawsuit arises from the defendant’s alleged failure to provide legally required off-duty rest and meal periods. Additional allegations include failure to pay overtime and minimum wages, unlawful deduction or non-payment of gratuities, and maintenance of inaccurate payroll records. The complaint also claims the defendant failed to pay wages upon separation, compensate employees for sick days, and reimburse business-related expenses.
Injury
Cruz, Barboza, and other proposed class members allege they suffered financial harm due to the defendant’s practices. They claim they were denied rest and meal breaks, underpaid for regular and overtime hours, and deprived of earned gratuities. They also assert they incurred unreimbursed expenses and were not paid for accrued sick leave.
Damages
The plaintiffs seek general, special, and statutory damages, including payments for missed breaks and unpaid wages. They also request pre-judgment interest, civil penalties, disgorgement of withheld wages, attorney’s fees, and injunctive relief. Requested equitable remedies include reinstatement and compensation for lost wages and benefits.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Janco Barboza | Nancy Jaylene Cruz
Counsel for Plaintiff: Mirabel Farrah
Defendant(s): Los Compadres Restaurant Inc. | Jose Luis Velarde
Counsel for Defendants: Christopher B. Cato | Christine David Lindsay
Claims Against the Defendant
The complaint sets forth ten causes of action against Los Compadres Restaurant, Inc.:
Unpaid Rest Breaks – Labor Code § 226.7(a) and IWC Wage Order No. 5-2001 § 12
Unpaid Meal Breaks – Labor Code §§ 226.7(a), 512
Unpaid Overtime Wages – Labor Code §§ 510, 1194
Failure to Pay Minimum Wages and All Earned Wages – Labor Code §§ 204, 1194, 1197
Unlawful Deduction/Nonpayment of Gratuities – Labor Code §§ 200, 221, 350–356
Failure to Maintain Accurate Payroll Records – Labor Code §§ 226(a), 1174
Failure to Pay Wages Upon Separation – Labor Code §§ 201–203
Failure to Pay for Sick Days – Labor Code §§ 246(a), 248.5
Failure to Reimburse Business Expenses – Labor Code § 2802
Unfair Business Practices – Business & Professions Code § 17200, et seq.
Settlement
The Court approved the class action and PAGA settlement, finding it fair, reasonable, and supported by proper notice. It ordered distribution of payments to class members, approved $75,750 in attorney fees and a $10,000 PAGA allocation (75% to the LWDA, 25% to aggrieved employees), bound all covered individuals to the releases, and entered judgment with prejudice.
Court Documents
Court documents are available for purchase upon request at [email protected]
