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- IF YOU ARE ONE OF THE OVER 165 EMPLOYEES WHO WORKED AT THE IHOP RESTAURANT ON UNIVERSITY PARKWAY, IN THE CITY OF SAN BERNARDINO, WITHIN THE PAST FIVE YEARS, THERE IS A CERTIFIED CLASS ACTION LAWSUIT PENDING IN SAN BERNARDINO, CALIFORNIA THAT MAY AFFECT YOUR RIGHTS.
- In August 2004, a class action lawsuit was filed against Defendant, Chudhary Rafiq Ahmad, the owner and operator of the IHOP restaurant located at 4023 University Parkway, San Bernardino, CA 92407. On April 7, 2008, the Court certified the case, and all claims asserted therein, as a class action!
- The lawsuit seeks unpaid wages and other damages resulting from Mr. Ahmad's refusal to permit over 165 of his hard-working, minimum wage IHOP employees: (1) to take half-hour, uninterrupted, meal breaks during shifts in excess of 5 hours; (2) to take regular paid ten minute, uninterrupted breaks during shifts of 3.5 hours or more; (3) his refusal to pay all earned overtime; (4) his unlawful deduction of 1/2 hour of pay from each employee's shift; (5) his failure to reimburse employees for the cost of purchasing and maintaining uniforms; (6) his failure to pay the employees all of their earned wages at the time they are discharged or quit; and (7) his failure to provide lawful wage statements which accurately record earned wages.
- California law provides that employees who are not permitted to take the meal and rest periods allowed under Industrial Welfare Commission Wage Order No. 5 must be paid one additional hour of pay for each day that the rest periods are not permitted, and one additional hour of pay for each day that the thirty minute meal periods are not taken. Further, California law provides that employees are entitled to overtime for shifts worked in excess of 8 hours in a given day OR over 40 hours in a given week. Moreover, employers who require employees to wear uniforms must provide and maintain the uniforms at no cost to the employee. Further, an employer is required to pay an employee all of their earned wages on the day they are discharged or if the employee quits, within 72 hours. Lastly, an employer is required to provide a detailed pay stub which accurately documents all hours worked and the wage rate(s) applicable to those hours.
- If the class action is successful, every non-management IHOP restaurant worker employed by Mr. Ahmad since August 2000 may be entitled to compensation.
- We believe that Mr. Ahmad's refusal to permit his IHOP employees to take paid uninterrupted 10 minute rest breaks and 30 minute uninterrupted meal breaks, during which the worker is relieved of all job duties, his refusal to pay all earned overtime, his illegal deduction of 1/2 hour pay from each employee's shift, his failure to reimburse employment related expenses, his failure to provide lawful and accurate wage statements, as well as his failure to pay all earned wages, are serious violations of California's workplace safety and wage and hour laws.
- We have successfully put an end to Mr. Ahmad's serious violations of California labor law. We are now seeking back wages and penalties due under California law. We are also seeking punitive damages on your behalf.
- YOUR FELLOW HOURLY IHOP EMPLOYEES NEED YOUR HELP. YOUR ASSISTANCE IS CRITICAL TO OUR ABILITY TO SUCCESSFULLY PURSUE THE MONETARY COMPENSATION TO WHICH YOU MAY BE ENTITLED.
- Please contact class counsel, Robert W. Skripko, Esq., of the Law Office of Robert W. Skripko, Jr., APLC, at your earliest convenience. Your assistance is critical to our ability to recover monetary damages on your behalf. You can contact us by:
Telephone: (714) 543-6200; or E-Mail: rwskripko@aol.com
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