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NORTHERN CALIFORNIA RECORD

Tuesday, November 5, 2024

Former Employee Sues Taqueria Mexico Over Alleged Wage Theft and Labor Violations

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In a sweeping legal move, a former employee has launched a class action lawsuit against a well-known California restaurant chain for alleged widespread labor violations. The complaint, filed by Fernanda Gomez-Ruiz on September 3, 2024, in the Superior Court of California, County of Santa Clara, targets Taqueria Mexico and accuses the establishment of multiple breaches of the California Labor Code.

Gomez-Ruiz's lawsuit details a series of serious allegations against Taqueria Mexico, including failure to pay minimum and overtime wages, denial of meal and rest breaks, late payment of final wages upon termination, inaccurate wage statements, failure to reimburse business expenses, and non-compliance with requests for employment records. "Defendants have at times failed to pay some employees for all hours worked," states the complaint. The plaintiff asserts that these actions constitute unfair business practices under California Business & Professions Code §§ 17200 et seq.

The plaintiff claims she was employed by Taqueria Mexico from January 2024 to July 2024 as an hourly-paid, non-exempt worker. During her tenure, Gomez-Ruiz alleges she frequently worked over eight hours per day and more than forty hours per week without receiving appropriate compensation. She also contends that she was often required to work through meal periods and rest breaks without additional pay. According to the complaint, "Defendants would manufacture timekeeping records to falsely show that Plaintiff took meal periods when in fact they worked 'off-the-clock,' uncompensated."

The lawsuit further accuses Taqueria Mexico of failing to provide accurate itemized wage statements and not indemnifying employees for necessary expenditures incurred during their employment. Additionally, Gomez-Ruiz claims that upon her termination in July 2024, she did not receive all wages owed within the legally mandated timeframe.

The class action seeks various forms of relief including unpaid wages with interest, statutory penalties for each violation under different sections of the California Labor Code, liquidated damages for unpaid minimum wages, reimbursement for business expenses along with interest and attorneys' fees. The suit also demands injunctive relief to ensure future compliance with labor laws.

Representing Gomez-Ruiz are attorneys John G. Yslas and Gabriella Solé from Wilshire Law Firm PLC. The case is being overseen by Judge J. Nguyen under Case ID: 24CV446481.

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