Mexican-American Restaurant OT Suit Allowed To Proceed

By Daniela Porat (February 25, 2021, 7:41 PM EST) -- An overtime lawsuit by restaurant workers against a Mexican-American restaurant chain can proceed, a Kansas federal judge ruled, rejecting the chain's arguments that the main server behind the action didn't demonstrate she is owed any overtime pay.

U.S. District Court Judge Toby Crouse determined that server Kira Florece's claims that Jose Pepper's and its owner, Edward Gieselman, used a "variety of artifices" to bilk workers on overtime pay were substantial enough to allow the proposed class and collective action to move forward, according to the order filed Wednesday.

"Assuming her allegations are true, Florece has shown defendants' conduct — a failure...

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