SACRAMENTO — Eight employees have filed a class action lawsuit against a Tulare County company, alleging unpaid overtime wages.

Mario Cortez, Maria Cisneros, Antonio Toscano, et al., on behalf of themselves and all others similarly situated, filed a complaint Dec. 7 in U.S. District Court for the Eastern District of California against Viera Custom Chopping, Inc. V & S Commodity, Inc., Christina Vieira and Matthew Sepeda, alleging violations of of the Fair Labor Standards Act.

According to the complaint, the plaintiffs have worked for defendants as non-exempt employees but were paid the overtime rate only after having worked more than 10 hours per day or 60 hours per week. The plaintiffs also say they were not provided with a second meal period and rest breaks after having worked more than 10 hours per day. 

The plaintiffs allege the defendants failed and refused to pay employees appropriate overtime compensation for all the hours worked in excess of 40 as required by FLSA, failed to provide the meal and rest breaks required by law and failed to furnish the wage statement with proper accurate itemized wage statements.

The plaintiffs seek trial by jury, general, special, compensatory and liquidated damages, permanent injunctive and declaratory relief, pre-judgment interest, costs of suit, attorney fees, and all other relief the court deems just and proper. They are represented by attorneys John E. Hill and Enrique Martinez of Law Offices of John E. Hill in Oakland.

U.S. District Court for the Eastern District of California case number 1:17-cv-01647-DAD-SKO

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U.S. District Court for the Eastern District of California




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