My name is Frank O’Hara Parish I am a former employee. I live at Santa Rosa CA. 95401. This is one of the most difficult letters I have ever had to compose in my life because it accuses you of theft and if my notions are found to have no substance, exposes me to ridicule. Before I get into the reasons behind this letter I want you to know that there are other individuals and organizations who will receive this letter and I will name them.
I am sending copies of this letter along with paystubs and time sheets which I hope will support my claim and which I was able to gather without your assistance, to the California Department of Labor, to Veterans for Peace, to the Bohemian Newspaper, to Veterans Connect, to and to my landlord.
Two years ago I was a homeless veteran could you imagine my elation when I finally got an apartment through the Veterans Retraining Assistance Program I was given a chance to restart my life. This program with all its short coming allowed me to get an apartment. And thanks to Veterans for Peace Chapter 099 I was provided with newspapers which I sold to cover my day to day expenses. But the VRAP program was funded for one year per veteran. After a year my money ran out and I was three months behind in my rent when I finally got a job with the Catalina Restaurant Group Inc.
The first months of my employment were great. I regained a sense of purpose as a man. Veterans Connect helped me get furniture and I started to express my talents at work. I felt good. This all changed when I was transferred to a sister store in the Catalina Restaurant Group. But before I go on with my personal account, you as a reader should balance my story with these facts.
Top Lawsuits
Restaurants, Inc. (“Catalina”) for alleged wage and hour violations.
Specifically? Violations of California labor laws in regards to overtime pay and requiring their employees to work off-the-clock Overtime Violations on the Menu at Catalina. First up this week, an overtime class action lawsuit. This one filed against Catalina Restaurant Group Inc. and JoJo’s California Family without being paid for all their hours worked. McDermott, et al. vs. Catalina Restaurant Group Inc. and JoJo’s California Family Restaurants, Inc., was filed by attorneys at Blumenthal, Nordrehaug & Bhowmik, who are representing the plaintiffs.
According to the class action lawsuit, the restaurant “did not have in place an immutable timekeeping system to accurately record and pay Plaintiff and other California Class Members for the actual number of hours these employees worked each day, including overtime hours worked.” Specifically, the lawsuit claims that Catalina “consistently did not allocate enough labor hours such that there was not enough time for Plaintiff and California Class Members to complete their required duties.” As a result, the Complaint alleges Plaintiff and California Class Members were forced to clock out of Catalina’s timekeeping system, but were still required to perform additional work for Catalina for which they were not compensated for.
Furthermore, the complaint also alleges that the Plaintiff and California Class Members received non-discretionary quarterly bonuses from Catalina, but Catalina failed to include this extra bonus compensation in the regular rate of pay for the purposes of calculating the correct overtime pay rates owed to these employees. The failure to include the bonus compensation in the regular rate of pay for overtime purposes, according to the complaint, “has resulted in a systematic underpayment of overtime compensation” to the Plaintiff and members of the California Class.
The Complaint further claims that as a result of Catalina’s failure to record all hours worked by members of the California Class and Catalina’s failure to pay these employees the correct overtime rate, Catalina “failed to provide the Plaintiff and the other members of the California Class with complete and accurate wage statements which failed to show, among other things, the correct number of all hours worked and the correct overtime rate for overtime hours worked.”
Founding partner of Blumenthal, Nordrehaug, & Bhowmik, Norman Blumenthal asserts, “when employers exclude non-discretionary bonuses from the regular rate of pay when calculating their employee’s overtime rate, they are violating the law.”
So after working hard and taking on extra shifts at work I found my pay was smaller it made no since to me until I began to take the manufactured computer slips issued at the end of a ”workday” and I started to compare them to my actual hours worked. So far Catalina has not contacted me about this clam but I did get a call about a hostile environment complaint placed by a customer or staff member on my behalf at corporate HQ. They now claim that I quit 4 days before I quit and that there are no records of me working those days. HA HA.
Carrows Reviews
My name is Frank O’Hara Parish I am a former employee. I live at Santa Rosa CA. 95401. This is one of the most difficult letters I have ever had to compose in my life because it accuses you of theft and if my notions are found to have no substance, exposes me to ridicule. Before I get into the reasons behind this letter I want you to know that there are other individuals and organizations who will receive this letter and I will name them.
I am sending copies of this letter along with paystubs and time sheets which I hope will support my claim and which I was able to gather without your assistance, to the California Department of Labor, to Veterans for Peace, to the Bohemian Newspaper, to Veterans Connect, to and to my landlord.
Two years ago I was a homeless veteran could you imagine my elation when I finally got an apartment through the Veterans Retraining Assistance Program I was given a chance to restart my life. This program with all its short coming allowed me to get an apartment. And thanks to Veterans for Peace Chapter 099 I was provided with newspapers which I sold to cover my day to day expenses. But the VRAP program was funded for one year per veteran. After a year my money ran out and I was three months behind in my rent when I finally got a job with the Catalina Restaurant Group Inc.
The first months of my employment were great. I regained a sense of purpose as a man. Veterans Connect helped me get furniture and I started to express my talents at work. I felt good. This all changed when I was transferred to a sister store in the Catalina Restaurant Group. But before I go on with my personal account, you as a reader should balance my story with these facts.
Top Lawsuits
Restaurants, Inc. (“Catalina”) for alleged wage and hour violations.
Specifically? Violations of California labor laws in regards to overtime pay and requiring their employees to work off-the-clock Overtime Violations on the Menu at Catalina. First up this week, an overtime class action lawsuit. This one filed against Catalina Restaurant Group Inc. and JoJo’s California Family without being paid for all their hours worked. McDermott, et al. vs. Catalina Restaurant Group Inc. and JoJo’s California Family Restaurants, Inc., was filed by attorneys at Blumenthal, Nordrehaug & Bhowmik, who are representing the plaintiffs.
According to the class action lawsuit, the restaurant “did not have in place an immutable timekeeping system to accurately record and pay Plaintiff and other California Class Members for the actual number of hours these employees worked each day, including overtime hours worked.” Specifically, the lawsuit claims that Catalina “consistently did not allocate enough labor hours such that there was not enough time for Plaintiff and California Class Members to complete their required duties.” As a result, the Complaint alleges Plaintiff and California Class Members were forced to clock out of Catalina’s timekeeping system, but were still required to perform additional work for Catalina for which they were not compensated for.
Furthermore, the complaint also alleges that the Plaintiff and California Class Members received non-discretionary quarterly bonuses from Catalina, but Catalina failed to include this extra bonus compensation in the regular rate of pay for the purposes of calculating the correct overtime pay rates owed to these employees. The failure to include the bonus compensation in the regular rate of pay for overtime purposes, according to the complaint, “has resulted in a systematic underpayment of overtime compensation” to the Plaintiff and members of the California Class.
The Complaint further claims that as a result of Catalina’s failure to record all hours worked by members of the California Class and Catalina’s failure to pay these employees the correct overtime rate, Catalina “failed to provide the Plaintiff and the other members of the California Class with complete and accurate wage statements which failed to show, among other things, the correct number of all hours worked and the correct overtime rate for overtime hours worked.”
Founding partner of Blumenthal, Nordrehaug, & Bhowmik, Norman Blumenthal asserts, “when employers exclude non-discretionary bonuses from the regular rate of pay when calculating their employee’s overtime rate, they are violating the law.”
So after working hard and taking on extra shifts at work I found my pay was smaller it made no since to me until I began to take the manufactured computer slips issued at the end of a ”workday” and I started to compare them to my actual hours worked. So far Catalina has not contacted me about this clam but I did get a call about a hostile environment complaint placed by a customer or staff member on my behalf at corporate HQ. They now claim that I quit 4 days before I quit and that there are no records of me working those days. HA HA.
Where do I go from here?
Frank Parish