Sacramento Restaurant Uses Fake Priest to Get Workers to Confess Wrongdoing

Even though workplace retaliation is unlawful, employers sometimes try to take advantage of workers who do not know or understand their rights. Examples of retaliation include threatening to report employees to immigration officials if they speak up about unpaid wages or assigning unfavorable shifts to a worker who complains about harassment.

California has strong worker protection laws. Workers can pursue a retaliation claim if their employer punishes them for participating in certain legally protected activities, such as reporting workplace safety violations or filing a discrimination claim. Employees also have the right to recover all the unpaid wages they are owed, and they should not suffer any negative consequences for asking to be paid.

A recent case featured an employer that engaged in an unusual form of retaliation that U.S. Department of Labor (DOL) officials described as “shameless” and “despicable.” Owners of Taqueria Garibaldi, a Mexican restaurant in Sacramento, have been ordered to pay $140,000 in back wages and damages to employees after a federal investigation uncovered multiple labor violations. Che Garibaldi Inc. owns the Sacramento restaurant and two other Taqueria Garibaldi locations in California.

DOL officials found that Che Garibaldi hired a fake priest to meet with workers and get them to make “confessions” during work hours. According to investigators, the priest encouraged employees to “get the sins out.” Management used the ruse to urge employees to admit to wrongdoing in the workplace and then retaliate against them.

The priest asked workers various questions, such as whether they had stolen anything at work, arrived late to a shift, fudged hours on their timecards, or had any bad intentions toward their employer. The latter question was intended to identify any potential whistleblowers. The alleged priest then reported the transgressions to management.

The DOL’s Wage and Hour Division had already started investigating Taqueria Garibaldi for wage theft in November 2021 when federal officials uncovered the scam. The investigation into the restaurant’s labor practices began when employees alleged multiple violations of the Fair Labor Standards Act.

Che Garibaldi denied overtime pay to employees who worked more than 40 hours in a workweek. Investigators also found that the restaurant unlawfully paid managers from the worker tip pool.

In California, employees who work over eight hours a day or 40 hours during a workweek should get 1.5 times their regular rate of pay. A worker is eligible for additional overtime pay if they work more than 12 hours in a workday.

The state also takes tip violations seriously. Employers are not allowed to force restaurant employees to share tips with them or to offset tips against regular pay.

Taqueria Garibaldi retaliated against employees by threatening them with “adverse immigration consequences” if they cooperated with the DOL’s investigation. One worker was even fired for filing a complaint with the department.

Not only is retaliation unlawful, but it harms workers in many ways. A DOL regional official in San Francisco said in a statement that the employer engaged in retaliation to “silence workers, obstruct an investigation and prevent the recovery of unpaid wages.” 

A judge from the U.S. District Court for the Eastern District of California ordered Che Garibaldi to pay a total of $140,000 in back wages and damages to 35 employees. Additionally, the employer owes $5,000 in civil penalties to the DOL.

Che Garibaldi was told that any future labor law violations would result in further consequences. The employer must ensure their restaurants have reliable time clocks and that time records are not changed unlawfully. Under California law, employers are required to maintain accurate records of the hours their employees work.

If you have experienced wage theft or retaliation in the workplace, discuss your situation with a skilled San Francisco employment lawyer right away. You may be able to recover your lost wages and pursue other damages from your employer. Additionally, you can force the employer to change their unlawful practices for the benefit of future workers.

Contact McCormack Law Firm to learn more about your rights. We offer a free initial case evaluation. Tell us what happened, and we will advise you of your legal options for resolving your employment dispute.