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Sunday, October 11, 2026

Calif. Court Upholds Award of Damages, Attorney Fees in Wage and Hour Case - SHRM

Takeaway: A failure to keep accurate, detailed records of the time worked by employees will be construed against the employer. An appeals court will not reverse an award of attorney fees in an employment case unless that award is unreasonable.

Three kitchen workers who sued the restaurant that employed them for wage and hour violations, including failure to pay overtime and failure to provide meal and rest breaks, were entitled to the more than $120,000 in damages and penalties awarded to them by the trial court as well as more than $135,000 in attorney fees, a California appeals court ruled. The restaurant did not show that there was insufficient evidence to support the trial judge's rulings on liability and did not show that the amount of attorney fees awarded was unreasonable, the court said.

The workers' complaint alleged six causes of action under the California Labor Code: failure to pay wages, failure to provide meal periods, failure to provide rest periods, failure to pay overtime wages, failure to pay wages upon employment termination and failure to issue accurate itemized wage statements.

The plaintiffs, who washed dishes and did other work in the kitchen, alleged that they were nonexempt employees entitled to meal and rest breaks as well as overtime pay. They further alleged that they were paid a flat weekly rate rather than an hourly wage with overtime pay. In addition, they claimed that although they typically worked 11-hour shifts, the restaurant failed to...



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