A former employee has filed a significant lawsuit against a Delaware-based company, alleging multiple violations of California's labor laws. On February 26, 2025, Fulbio Davalos Sinaloa submitted a complaint to the Superior Court of California in Santa Clara County against Tri Star Foods, LLC. The complaint accuses the company of numerous infractions under the Private Attorneys General Act (PAGA), citing failures in wage payments and employee rights.
The lawsuit details several allegations against Tri Star Foods, including failure to pay for all hours worked—covering minimum, straight time, and overtime wages—failure to provide required meal and rest periods, and failure to maintain accurate records of hours worked. According to the complaint, "Defendants' violations were willful and deliberate," indicating that the company was aware of its non-compliance with labor laws but chose not to rectify its actions. Sinaloa claims these practices were widespread among hourly-paid or non-exempt employees during his tenure from June 2020 to February 2024.
Sinaloa's complaint outlines specific breaches such as not compensating employees for off-the-clock work during meal breaks or after clocking out. The plaintiff argues that this resulted in unpaid overtime wages and inadequate record-keeping by the employer. Furthermore, Sinaloa alleges that Tri Star Foods failed to provide timely final wages upon termination of employment, violating Labor Code sections 201 and 202. The complaint states that these actions caused substantial financial harm to him and other aggrieved employees.
The legal action seeks civil penalties under PAGA on behalf of Sinaloa individually, other affected employees, and the State of California. It demands injunctive relief requiring compliance with labor laws moving forward. Additionally, it requests declaratory relief affirming the company's violations alongside pre-judgment and post-judgment interest at maximum rates allowed by law. The suit also seeks attorney fees and costs incurred during litigation.
Represented by Wilshire Law Firm PLC based in Los Angeles, attorneys John G. Yslas, William M. Pao, and W. Christina Chang are advocating for Sinaloa's case before Judge L. Ayala under Case #25CV460079.