A case was filed on June 18 against Debbie Peart (doing business as Peart Enterprises, alleging failure to pay overtime properly, failure to provide meal and rest periods (and related penalties), breach of contract and invasion of privacy.
Avelino Andrade alleged that Defendant, who operates the cafeteria at the Franchise Tax Board, failed to pay the Plaintiff overtime and his typical work schedule involved working 10 to 12 hours per day, five days per week. Plaintiff alleged he was paid $16 an hour. In California, all hours worked over 8 in a day, or 40 in a week, must be compensated at one-and-a-half times the employee’s regular rate.
Although his job title was “General Manager”, Plaintiff’s complaint states he spent most of his time stocking, preparing food, cooking and checking out customers. The case is further complicated by the allegation that Defendant agreed to buy inventory owned by Plaintiff, and allegedly did not make good on a promissory note involved. As a result, Plaintiff alleged a cause of action for both breach of contract and failure to reimburse for business related expenses under Labor Code 2802.
Labor Code Section 2802 states that it is illegal to make employees pay for expenses that should have been the responsibility of the business owner, and fail to reimburse them for those expenses. See Andrade v. Debbie Peart DBA Peart Enterprises, Sacramento Case No. 34-2014-000165039.