Click here to close now.

Welcome!

News Feed Item

California Labor Commissioner Reaches $339,716 Settlement for Unpaid Wages at San Francisco Restaurants, Includes Penalty if Retaliation Occurs

SAN FRANCISCO, Dec. 3, 2012 /PRNewswire-USNewswire/ -- California Labor Commissioner Julie A. Su has reached a $339,716 settlement involving unpaid overtime and minimum wages for employees at Xue's Restaurant, Inc. and Liu's Restaurant, Inc. dba Tsing Tao Restaurant in San Francisco.

This settlement follows the issuance of citations in June and August for unpaid minimum wage, overtime and failure to provide itemized payroll statements including deductions for 28 workers at Tsing Tao's Clement Street and Fillmore Street locations.

The Department of Industrial Relations' (DIR) Division of Labor Standards Enforcement, also known as the Labor Commissioner's Office, helped the parties reach a settlement.  The Labor Commissioner's office began its investigation of the restaurants last June after receiving a referral from San Francisco's Office of Labor Standards Enforcement. 

"California workers deserve to be paid everything they are owed for their work," said DIR Director Christine Baker. "Employers who deny their workers the pay they are rightfully owed will be held accountable to remedy the issue and restore wages due."

The settlement stipulates that the employer pay each of the 28 workers their amount of wages owed as well as penalties assessed for the violations, a total of $260,066. Workers will each receive between $2,000 and $36,547.

"This settlement sends a strong message to employers who fail to pay their workers everything they are owed," said Labor Commissioner Julie A. Su. "State law sets a wage floor under which no one should be forced to work and prohibits employers from playing fast and loose with workers' paychecks to avoid paying them properly."

The settlement also signals the employer's acknowledgment of their legal obligations going forward. Tsing Tao has agreed to maintain accurate records on a daily basis of hours worked and to provide employees with accurate wage statements as required by law.

A further clause of the settlement stipulates a $50,000 penalty in liquidated damages if any of the employees suffers unlawful retaliation by the employer as a result of their cooperation with the Labor Commissioner's investigation.

"This case came to us as a referral from the City and County of San Francisco's Office of Labor Standards Enforcement, and is a testament to the benefit of collaboration between government agencies," added Su. "Their office was instrumental in gathering information from the Tsing Tao workers."

This settlement brings the total amount of settlement payments obtained for workers in the San Francisco restaurant industry to over $900,000 through the Labor Commissioner's cooperative partnership with San Francisco's Office of Labor Standards Enforcement and with assistance from community groups including the Asian Law Caucus and Chinese Progressive Association.

"Such community-based organizations are an invaluable resource, especially in immigrant communities," added Labor Commissioner Su.

Over $400,000 in wages were also collected this year as a result of wage claims filed by 112 restaurant workers in the Labor Commissioner's San Francisco District office, which services the city of San Francisco as well as adjacent cities including Daly City, Pacifica and San Bruno.

California law requires that an employer must pay overtime to any employee who works more than 8 hours in a day or 40 hours in a week. When an employee works 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. An employee 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.

The California Department of Industrial Relations' Division of Labor Standards Enforcement adjudicates wage claims, investigates discrimination and public works complaints and enforces state labor law. Additional information on labor laws such as overtime and other work-related topics are available on our Web site, as well as on Facebook and Twitter.

Employees with work-related questions or complaints may call the California Workers' Information Hotline at (866) 924-9757 for recorded information on a variety of work related topics.

Internet: www.dir.ca.gov
Twitter: @CA_DIR
Facebook.com/CaliforniaDIR

CONTACT:
Erika Monterroza
Peter Melton
(510) 286-1161

SOURCE California Department of Industrial Relations

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
In the midst of the widespread popularity and adoption of cloud computing, it seems like everything is being offered “as a Service” these days: Infrastructure? Check. Platform? You bet. Software? Absolutely. Toaster? It’s only a matter of time. With service providers positioning vastly differing offerings under a generic “cloud” umbrella, it’s all too easy to get confused about what’s actually being offered. In his session at 16th Cloud Expo, Kevin Hazard, Director of Digital Content for SoftL...
Agile, which started in the development organization, has gradually expanded into other areas downstream - namely IT and Operations. Teams – then teams of teams – have streamlined processes, improved feedback loops and driven a much faster pace into IT departments which have had profound effects on the entire organization. In his session at DevOps Summit, Anders Wallgren, Chief Technology Officer of Electric Cloud, will discuss how DevOps and Continuous Delivery have emerged to help connect dev...
Today air travel is a minefield of delays, hassles and customer disappointment. Airlines struggle to revitalize the experience. GE and M2Mi will demonstrate practical examples of how IoT solutions are helping airlines bring back personalization, reduce trip time and improve reliability. In their session at @ThingsExpo, Shyam Varan Nath, Principal Architect with GE, and Dr. Sarah Cooper, M2Mi’s VP Business Development and Engineering, will explore the IoT cloud-based platform technologies drivi...
Containers are changing the security landscape for software development and deployment. As with any security solutions, security approaches that work for developers, operations personnel and security professionals is a requirement. In his session at DevOps Summit, Kevin Gilpin, CTO and Co-Founder of Conjur, will discuss various security considerations for container-based infrastructure and related DevOps workflows.
It is one thing to build single industrial IoT applications, but what will it take to build the Smart Cities and truly society-changing applications of the future? The technology won’t be the problem, it will be the number of parties that need to work together and be aligned in their motivation to succeed. In his session at @ThingsExpo, Jason Mondanaro, Director, Product Management at Metanga, discussed how you can plan to cooperate, partner, and form lasting all-star teams to change the world...
Overgrown applications have given way to modular applications, driven by the need to break larger problems into smaller problems. Similarly large monolithic development processes have been forced to be broken into smaller agile development cycles. Looking at trends in software development, microservices architectures meet the same demands. Additional benefits of microservices architectures are compartmentalization and a limited impact of service failure versus a complete software malfunction. ...
Internet of Things is moving from being a hype to a reality. Experts estimate that internet connected cars will grow to 152 million, while over 100 million internet connected wireless light bulbs and lamps will be operational by 2020. These and many other intriguing statistics highlight the importance of Internet powered devices and how market penetration is going to multiply many times over in the next few years.
Internet of Things (IoT) will be a hybrid ecosystem of diverse devices and sensors collaborating with operational and enterprise systems to create the next big application. In their session at @ThingsExpo, Bramh Gupta, founder and CEO of robomq.io, and Fred Yatzeck, principal architect leading product development at robomq.io, discussed how choosing the right middleware and integration strategy from the get-go will enable IoT solution developers to adapt and grow with the industry, while at th...
Containers have changed the mind of IT in DevOps. They enable developers to work with dev, test, stage and production environments identically. Containers provide the right abstraction for microservices and many cloud platforms have integrated them into deployment pipelines. DevOps and Containers together help companies to achieve their business goals faster and more effectively. In his session at DevOps Summit, Ruslan Synytsky, CEO and Co-founder of Jelastic, reviewed the current landscape of...
Malicious agents are moving faster than the speed of business. Even more worrisome, most companies are relying on legacy approaches to security that are no longer capable of meeting current threats. In the modern cloud, threat diversity is rapidly expanding, necessitating more sophisticated security protocols than those used in the past or in desktop environments. Yet companies are falling for cloud security myths that were truths at one time but have evolved out of existence.
The cloud has transformed how we think about software quality. Instead of preventing failures, we must focus on automatic recovery from failure. In other words, resilience trumps traditional quality measures. Continuous delivery models further squeeze traditional notions of quality. Remember the venerable project management Iron Triangle? Among time, scope, and cost, you can only fix two or quality will suffer. Only in today's DevOps world, continuous testing, integration, and deployment upend...
The time is ripe for high speed resilient software defined storage solutions with unlimited scalability. ISS has been working with the leading open source projects and developed a commercial high performance solution that is able to grow forever without performance limitations. In his session at Cloud Expo, Alex Gorbachev, President of Intelligent Systems Services Inc., shared foundation principles of Ceph architecture, as well as the design to deliver this storage to traditional SAN storage co...
To many people, IoT is a buzzword whose value is not understood. Many people think IoT is all about wearables and home automation. In his session at @ThingsExpo, Mike Kavis, Vice President & Principal Cloud Architect at Cloud Technology Partners, discussed some incredible game-changing use cases and how they are transforming industries like agriculture, manufacturing, health care, and smart cities. He will discuss cool technologies like smart dust, robotics, smart labels, and much more. Prepare...
"We provide a web application framework for building really sophisticated web applications that run on a browser without any installation need so we get used for biotech, defense, and banking applications," noted Charles Kendrick, CTO and Chief Architect at Isomorphic Software, in this SYS-CON.tv interview at @DevOpsSummit (http://DevOpsSummit.SYS-CON.com), held June 9-11, 2015, at the Javits Center in New York
The Internet of Things is not only adding billions of sensors and billions of terabytes to the Internet. It is also forcing a fundamental change in the way we envision Information Technology. For the first time, more data is being created by devices at the edge of the Internet rather than from centralized systems. What does this mean for today's IT professional? In this Power Panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, panelists addressed this very serious issue of pro...