Unpaid Wages Claim Settles for $316,000 with San Francisco Restaurants and DLSE

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Published on Friday, 17 February 2012

California Labor Commissioner Julie A. Su reached a $316,000 settlement in eight wage cases alleging unpaid minimum wage and overtime wages at Pho Clement and Pho Clement 2 restaurants in San Francisco.  An investigation was initiated in June 2011, originating from a Cal/OSHA referral, which led to the charges in the eight wage cases.  The settlement, which was negotiated with the aide The Department of Industrial Relations’ (DIR) Division of Labor Standards Enforcement, also known as the Labor Commissioner’s Office,  requires payments of unpaid wages and overtime, ranging from $17,432 up to $85,114, to each of the eight workers.   This settlement was achieved through the collaborative effort between workers, legal and community advocates and the state . “This case is an example of the effective partnerships we can have with community based organizations who share the goal of strong enforcement of labor laws,” said Labor Commissioner Julie Su. “Regardless of the industry, employees should never feel like they have to fight to receive the full wages they are owed. In this instance, employees successfully stood up for wages taken by their employer that they were owed,” said DIR Director Christine Baker.  Under California law employers must pay overtime to any employee who works more than 8 hours in a day or 40 hours in a work-week.  Should an employee work more than 8 hours in a day, or beyond 6 consecutive days, he or she is entitled to one-and-a-half times their regular rate of pay, and is due double their amount of regular pay when he or she works beyond 8 hours on the 7th consecutive working day, or if he or she works beyond 12 hours in one workday.  “Refusal to pay workers for all hours worked has no place in California. Overtime laws are on the books for a reason and the state will protect both employees and the honest employers who play by the rules,” emphasized Commissioner Su.  Read more.

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