SAN FRANCISCO – A Newark man alleges he was not compensated for all hours he worked by a food delivery service.
Shilun Gu, also known as Allen Gu filed a complaint on Jan. 3 in the San Francisco County Superior Court against Grubmarket Inc., Minyu Xu and Does 1-20 alleging violation of California labor code.
According to the complaint, the plaintiff alleges that on April 7, 2015, he was hired by the defendants as a driver but was designated as delivery manager. He alleges because he was designated as a manger, he received a fixed monthly salary and was not paid overtime despite working more than 40 hours per week.
Additionally, plaintiff alleges he was deprived of proper meal and rest breaks, premium wages for missed meal and rest periods, accurate itemized wage statements, and final wages after being terminated from his employment in December 2017. He alleges he was terminated after complaining that the food inside the delivery vehicle may not be suitable for human consumption because of the conditions.
The plaintiff holds Grubmarket Inc., Xu and Does 1-20 responsible because the defendants allegedly misclassified plaintiff in direct violation of the labor code, failed to compensate plaintiff for all hours worked, failed to provide mandatory rest and meal break periods, and failed to provide plaintiff with compliant and accurate itemized wage statements.
The plaintiff seeks judgment against the defendants, interest, restitution, punitive and exemplary damages, attorneys' fees, costs of suit, and other relief as the court deems just. He is represented by Felwina M. Opiso-Mondina in San Jose.
San Francisco County Superior Court case number CGC-19-572509