Plaintiff Mario Serna, a gas station attendant working for Kenk, Inc., the owner and operator of gas stations in Southern California, has brought suit against his employer alleging the failure to provide 30-minute, off-duty meal periods and adequate paycheck stubs. The suit may affect the rights of all employees of Kenk, Inc. at the following gas stations (and perhaps others):
| SHELL |
7710 HOLLYWOOD WAY |
BURBANK |
CA |
91505 |
| SHELL |
20850 DEVONSHIRE |
CHATSWORTH |
CA |
91311 |
| SHELL |
11105 BALBOA BLVD |
GRANADA HILLS |
CA |
91344 |
| SHELL |
43620 CHALLENGER WAY |
LANCASTER |
CA |
93535 |
| SHELL |
44015 20TH STREET |
LANCASTER |
CA |
93534 |
| SHELL |
17000 ROSCOE BLVD |
NORTHRIDGE |
CA |
91325 |
| SHELL |
37204 47TH STREET E |
PALMDALE |
CA |
93552 |
| SHELL |
1802 CLOVERFIELD |
SANTA MONICA |
CA |
90404 |
| SHELL |
24301 VALENCIA BLVD |
VALENCIA |
CA |
91355 |
| SHELL |
13703 VICTORY BLVD |
VAN NUYS |
CA |
91401 |
To learn more about the Serna matter, the following information is at your disposal:
BASIC INFORMATION
- Case Filed: March 10, 2008
- Affects Employees From March 10, 2004 to Present
- Claims Asserted:
UPDATES:
- August 1, 2008 - Defendant has filed an Answer to the First Amended Complaint. It will be posted shortly.
- July 17, 2008 - The court denied Kenk's demurrer; Kenk will now have to answer the First Amended Complaint.
- July 14, 2008 - Kenk has demurred to the First Amended Complaint. The hearing on the demurrer is July 16, 2008.
Frequently Asked Questions
Who is affected by the lawsuit?
The actual makeup of the class of workers affected by this lawsuit can only be determined after the court certifies the class. Until then, all putative (potential) class members are all hourly employees of Kenk Inc. at the above-mentioned gas stations from March 4, 2004 to the present who have not received 30-minute, off-duty meal periods or proper paycheck stubs.
What is a 30-minute, off-duty meal period?
For lack of better words, a 30-minute, off-duty meal period is a lunch break where you don't have to do any work and are free to leave to do whatever you want.
I could not leave during my lunch break; does that mean I did not receive a 30-minute, off-duty meal period?
Yes; if you have to stay at work during your lunch break, you did not receive a 30-minute, off-duty meal period.
Was I entitled to a 30-minute, off-duty meal period?
Every hourly employee of Kenk, Inc. who is affected by this lawsuit was entitled to a 30-minute, off-duty meal period each time they worked over five hours in one shift. If they worked over ten hours in one shift, they were entitled to a second 30-minute, off-duty meal period.
Employees who work six hours or less in a day may waive their right to a 30-minute, off-duty meal period, so long as they sign a written document acknowledging the waiver.
Okay, I did not receive all of my meal periods while working for Kenk, Inc., so am I entitled to?
By law, you are entitled to ONE HOUR OF PAY for each missed meal period going back three (or maybe even four) years.
What was wrong with my paycheck stubs?
By law, the paycheck stubs your employer provides you must contain certain information. This includes the name and address of your employer; how many hours you worked at straight-time, overtime, and doubletime; your straight-time, overtime, and doubletime rates of pay; all deductions made from your earnings during each pay period; and the beginning and ending dates of the applicable pay period. It is alleged that Kenk, Inc. did not put all of this information on your paycheck stubs.
If my paycheck stubs from Kenk, Inc. did not have all of this information, am I entitled to anything?
If any of the required information is not present on your paycheck stubs, then, if you suffered "damage" as a result (this is a legal conclusion that you may not need to actually prove yourself), your employer owes you penalties. Those penalties are $50 for the first defective paycheck stub and $100 for each additional defective paycheck stub. The cap per employee is $4,000. The penalties are for defective paycheck stubs going back one year from the date of the filing of the lawsuit, March 10, 2008.
Besides reimbursement for missed meal periods and the penalties for defective paycheck stubs, am I entitled to anything else in this lawsuit?
This lawsuit has also alleged that Kenk, Inc. wilfully failed to provide its employees with 30-minute, off-duty meal periods. This allegation is part of Plaintiff's request for penalties under Labor Code section 203. Under this statute, each former employee whose employer wilfully failed to pay him or her for missed meal periods may be entitled to 30 days of pay in addition to the reimbursement for missed meal periods.
The class may also be entitled to an award of interest at the judicial interest rate of 10% and attorney fees.
So, if I did not receive meal periods or adequate paycheck stubs, what can I do about it?
Unless you opt out of this lawsuit when the opportunity to do so arises, this lawsuit will attempt to reclaim what Kenk, Inc. may owe you for missed meal periods. The Plaintiff's attorneys will attempt to notify you of your ability to opt out.
I am an aggrieved employee of Kenk, Inc. How much will I get as a result of this lawsuit?
It is presently unknown how much, if anything, employees of Kenk, Inc. will receive as a result of this lawsuit. When a settlement is reached, if ever, or the judge issues a judgment against Kenk, Inc., if ever, you will be contacted and informed of the amount you will receive, if anything.
You must remember that there is no guarantee that you will receive anything, because anything can happen in a lawsuit. Furthermore, even if a defendant owes its employees unpaid wages, there is no guarantee that the defendant will be able to pay those wages. For these reasons, we cannot say that you will receive anything as a result of this lawsuit. However, we are trying our best to make sure that you do receive what you are owed.
Do I need to do anything if I want to stay in this lawsuit?
If you wish to remain in this lawsuit, you do not need to do anything at this point. However, Strauss Law Group needs to conduct an investigation to determine how many employees of Kenk, Inc. may have suffered missed meal periods and defective paycheck stubs, so we encourage you to fill out this survey and email it to us. If enough employees help our investigation, we should be able to certify the class.
If you need additional information, email Michael Strauss with your questions. Se habla espanol.
