Five former workers accuse Garden Fresh of unpaid wages

Wadi Reformado Apr. 4, 2016, 2:00pm


HOUSTON — Five former employees are suing a food business, alleging violation of workers compensation laws.

Ariell Johnson, Kelvin Smith, Dontrell Jackson, James Jackson, and Patrick Johnson, on behalf of themselves and all others similarly situated, filed a class action lawsuit March 30 in the Houston Division of the Southern District of Texas against Garden Fresh Restaurant Corp. doing business as Souplantation and Sweet Tomatoes, alleging failure to pay employees overtime wages at the proper rate.

According to the complaint, in March 2015, all five plaintiffs worked for more than 40 hours per week but was not fairly compensated for the hours worked. The suit says the plaintiffs were not paid at the proper rate and Smith was also denied a lunch break.

The plaintiffs allege the defendants failed to properly compensate employees by paying overtime wages at the rate of 1 1/2 their regular rates of pay or provide adequate meal breaks according to the Fair Labor Standards Act.

The five plaintiffs seek trial by jury, preliminary and permanently retraining and enjoining defendant from engaging in the violations mentioned, all damages and restitution for unpaid wages including benefits and bonuses and unpaid minimum wage, liquidated damages equal to wages that were not properly paid, interest at the highest rate permitted by the law, all legal fees and any other relief the deems just. They are represented by attorney Taft L. Foley II of The Foley Law Firm in Houston.

Houston Division of the Southern District of Texas Case number 4:16-cv-00845

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Houston Division of the Southern District of Texas
515 Rusk Street
Houston, TX 77002

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