Two former employees of P.F. Chang’s have filed a class action suit against the restaurant chain alleging a series of wage and hour violations under California law, and an alleged failure to maintain related data (Cookson v. P.F. Chang’s China Bistro, No. 37-2022-00045709-CU-OE-CTL (Sup. Ct. Calif. Jan. 18, 2023)).
Among their claims, plaintiffs alleged that P.F. Chang’s policies and practices deprived them and other class members of minimum wages, straight time wages, overtime wages, premium wages, reporting time wages, lawful meal and rest breaks, reimbursement for expenses and timely payment of wages.
And according to the lawsuit, the employer made it difficult to account for the alleged unlawfully withheld wages and deductions because it “did not implement and preserve a lawful record-keeping method to record all hours worked, and non-provided rest and meal periods owed to employees as required for non-exempt employees by [state law].”
The plaintiffs also said they intended to bring an action pursuant to California’s Private Attorneys General Act, or PAGA, on behalf of all aggrieved non-exempt employees employed by P.F. Chang’s from one year prior to the fling of the PAGA notice to the conclusion of the action. The plaintiffs argued they had standing to represent all aggrieved employees in pursuit of other penalties, including knowing and intentional failure to comply with itemized wage statement provisions; unfair competition law; duty to keep accurate records; and...
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