Defense Verdict in Bartender Overtime and Meal Break Case

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After a bench trial, a San Francisco Superior Court rendered a defense verdict in an overtime and meal break case.  Tun Cun vs. Cafe Tiramisu, No. CGC08482090, 36 Trials Digest 13th 19 (Verdict Date March 26, 2009).  According to court records: Plaintiff Evangelina Tun Cun was a bartender under an oral employment agreement who worked form 4 pm to midnight. Ms. Tun Cun alleged she was owed wages from defendant Cafe Tiramisu LLC.  Plaintiff alleged she was also employed by MMP Restaurants LLC dba Campannina from 9 a.m. to 3 p.m. each day. She claimed the two employers jointly employed her, and she was not paid overtime, though she worked for 11 to 15 hours of work per day. Plaintiff claimed she was not given meal breaks, was not paid overtime, and was owed waiting-time penalties.

Judge and Attorneys

Hon. Nancy Davis

Plaintiff: Michael P. Guta, Law Offices of John E. Hill, Oakland.

Defendant: Michael G. Pedhirney, Littler Mendelson, San Francisco;  William F. Terheyden, Littler Mendelson, San Francisco.

By CHARLES JUNG

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