The owners and operators of Elena’s Mexican Restaurant are facing a proposed collective action accusing the parties of labor law violations. The plaintiff, who was employed by the defendants as a cook and food preparer, says she worked an average of 59 hours per week without receiving proper minimum, overtime, or spread-of-hours wages. According to the suit, she was paid an hourly rate and wasn’t compensated for all her hours worked, causing her hourly pay to fall below the required minimum rate. Further, the woman allegedly never received extra pay for the hours she worked above 40 in a week or 10 in a day as required by law.
The case also argues that employees like the plaintiff should have been provided with proper meal and rest breaks, accurate wage statements, and reimbursement for purchasing “tools of the trade,” such as uniforms they were required to wear.