San Francisco’s House of Prime Rib Sued for Denied Breaks

House of Prime Rib is a San Francisco favorite, known for its old-school charm and signature beef cuts. A recent lawsuit, however, reveals problems behind the scenes. A former server claimed the restaurant failed to provide proper breaks and retaliated when he spoke up about it.

Filed in December 2024 in San Francisco Superior Court, the lawsuit said workers were regularly denied meal and rest breaks during their shifts in violation of California law. Employees were also allegedly forced to work off the clock and wait for their tips, even after officially clocking out. These practices not only resulted in unpaid wages but also created a work environment where staff felt they couldn’t speak out about the unfair treatment.

The plaintiff, who is seeking more than $25,000 in damages, worked at House of Prime Rib from May 2022 to July 2024. According to his complaint, management discouraged breaks and even warned front-of-house staff not to sit down during shifts, otherwise they would face discipline. Managers told him, “Breaks were simply not permitted” at the restaurant and complaints “will not be tolerated,” the lawsuit said. Surveillance cameras were allegedly used to monitor workers closely, making sure no one left the restaurant or took unauthorized breaks.

The lawsuit also claimed that servers had to clock out before receiving their tips. This meant they had to stay at work for an extra hour during the tip calculation process or risk forfeiting their tips. Tips were often delayed, even though employees were expected to continue with work-related tasks off the clock. Off-the-clock work is unlawful in California, and employers are required to pay workers for all time spent completing job duties, such as cleaning up after a shift.

Around 100 current and former employees of House of Prime Rib may be affected by the policies, including servers, bartenders, bussers, barbacks, hosts and receptionists. The lawsuit is seeking class-action status. If successful, the workers could share any resulting settlement.

California law requires employers to provide meal and rest breaks to most workers. Employees working more than five hours are legally entitled to a 30-minute meal break, and those working over four hours must be allowed to take a 10-minute rest break.

When an employer fails to provide a legally required meal break, they must pay the worker an extra hour of pay at their regular rate of pay for each workday the break was missed. This is known as a meal period premium, a penalty for the violation. 

The complaint said workers were pressured to give up their right to meal breaks by signing a waiver. They were told their hours would be cut and tips redistributed if they didn’t agree. California law only allows such waivers for workers whose shifts are under six hours, and both the worker and employer must mutually consent to the waiver. However, management allegedly tried to force workers into the waiver no matter how long they worked.

This isn’t the first time House of Prime Rib has faced legal claims about wage and hour violations. In April 2023, another former employee sued over missed meal and rest breaks. That case was resolved with a settlement, but these new allegations raise concerns about whether the restaurant has made any real changes to its policies since then.

Unfortunately, wage theft is a common problem in the restaurant industry, which often consists of shift work. Violations can include not paying overtime, skipping required breaks or forcing employees to work without pay, among others. Sometimes workers who complain face retaliation from employers, which continues the cycle of wage and hour violations.

If you have been denied breaks, forced to perform off-the-clock work or faced other forms of wage theft, it is important to know your rights under California law. You could be owed unpaid wages or other compensation. While McCormack Law Firm is not involved in this lawsuit, our experienced San Francisco employment lawyers are committed to helping workers who face unlawful treatment on the job. Contact us for a free initial consultation to learn more.