SAN FRANCISCO – A busser at a Santa Clara County restaurant alleges that he was not paid overtime or provided meal breaks.
Juan Carlos Santiago filed a complaint on July 5 in the U.S. District Court for the Northern District of California against Shiva's Indian Restaurant, Vivek Chandra, Shyam Choudhary and Harsh Bahl alleging violation of the Fair Labor Standards Act and state labor codes.
According to the complaint, the plaintiff alleges that between 2012 and January 2016, he worked for more than 40 hours per week but was not paid any overtime wages nor given any meal breaks by the defendants. The plaintiff holds Shiva's Indian Restaurant, Chandra, Choudhary and Bahl responsible because the defendants allegedly failed to pay overtime compensation to plaintiff as well as provide an itemized wage statement.
The plaintiff seeks compensatory damages for all wages earned but not paid, unpaid overtime wages, liquidated damages, interest, unpaid compensable wages for off-the-clock work, all legal fees and any other relief as the court deems just. He is represented by Steven Kesten and Samuel Kesten of Kesten-Law in San Anselmo and Thomas E. Margain and Huy Tran of Justice at Work Law Group in San Jose.
U.S. District Court for the Northern District of California Case number 5:16-cv-03757