Donald Roque submitted his verified complaint against Barbara Yamada under the Fair Labor Standards Act with supplemental state law for claims to federal court yesterday.
Roque is asking the court to grant him relief for unpaid wages for all the hours he worked, computed at the hourly rate starting June 2008, plus additional equal amount as liquidated damages, costs and reasonable attorney’s fees.
He is asking for an award of overtime compensation in an amount to be proven at trial, liquidated damages and attorney’s fees and costs, for unpaid wages representing the differences between the amount of regular and overtime wages due based in the 2008 prevailing hourly rate.
The plaintiff asked the court to issue an order to allow him to be temporarily employed pending his case and permit him to transfer to another employer, and seek other relief the court may deem proper.
Roque is employed as a cook at Bobbie’s Café, the business establishment of Yamada.
He said that sometime in May 1995, he started working with the defendant as a cook and has worked under the same employer for more than 13 years.
He said that he worked six days a week with only one day off.
He said he worked from eight to 10 hours a day without overtime pay.
The plaintiff said in 2008, he was paid $3.375 per hour, $324 per 12 days of work but beginning June 2008, he was no longer paid his wages.
The plaintiff added that from June until Oct. 2006, he worked for his employer 48 hours in each work week even though he was not paid his wages.
The plaintiff said his employer intentionally failed and refused to pay what is due him.
He said his employer also failed to keep accurate records of hours he actually worked.
He said in Oct. 2008, he asked the defendant to release him so he could find another work since he was not being paid his wages.
He said the defendant answered his letter on Oct. 27, 2008 releasing him from employment and promised to pay her obligations to him.
The plaintiff said he was unable to pay his loans, he lost his car to the bank and he was evicted from his place of residence for failure to pay his rent.
The plaintiff added that he had to ask his family to go home to the Philippines since he could no longer afford to keep them here.
He said he had tried to collect his unpaid wages from the defendant but she refused to answer his calls.
He sought help from the Philippine Consulate General on Aug. 5, 2009 and the defendant agreed to meet with him but he said she cancelled the meeting.
He said the defendant has exhausted his patience in waiting for her to fulfill her obligation.
Among the plaintiff’s exhibits is Yamada’s letter telling him that she appreciated his hard work for over 10 years but she was releasing him to find employment elsewhere.
She said the café was unable to generate enough income to meet all expenses or release payroll on a timely basis.
The defendant said she will do her best to start paying the plaintiff as soon as she gets some cash.
