Leo’s Oyster Bar in San Francisco Faces Lawsuit for Alleged Wage Theft and Timekeeping Violations

If you’ve ever been told to start working before clocking in, you’re not alone. A recent lawsuit filed against Leo’s Oyster Bar in San Francisco highlights wage practices that many restaurant workers might find familiar due to their own experiences but may not realize are illegal under California law.

The case centers on a former worker who spent nearly three years at the seafood restaurant, from November 2021 to August 2024. Her lawsuit, filed in San Francisco Superior Court, alleges she was required to begin her shifts at 11 a.m. but wasn’t allowed to clock in until 2 p.m. The September complaint further accuses the restaurant of changing its electronic timekeeping system to show fewer recorded hours. Wage payments were also routinely delayed by one to two weeks.

California has some of the strongest worker protection laws in the country, and they’re particularly strict when it comes to recording work hours and paying wages on time. Under the California Labor Code, you must be paid for every hour you work, and your employer must maintain accurate records of those hours. This includes what’s often called “off-the-clock” work, whether you are setting up a dining room, prepping ingredients or closing down at the end of the night.

The off-the-clock work allegedly began around November 2023. According to the complaint, this happened three times a week. The lawsuit argues that the timekeeping records were altered “knowingly and willfully” to avoid paying proper wages and overtime pay.

The lawsuit also claims that late wage payments became the norm at Leo’s Oyster Bar, with most checks delayed by up to two weeks. The complaint refers to text messages from the restaurant owner acknowledging the delayed payments, which were blamed on unavailable bank funds. California law requires employers to pay wages at least twice per month on designated paydays.

Later, Leo’s Oyster Bar allegedly stopped using its payroll system, with staff receiving personal checks from the restaurant owner instead. Employers are required to use proper payroll systems that accurately track hours and deductions. Using personal checks makes it difficult to verify that workers are receiving all the wages they have earned.

California’s overtime rules are more protective than federal law. Workers are entitled to overtime pay of one and a half times their regular rate for any hours worked over eight in a single day or over 40 in a week, plus double time for hours worked over 12 in a day. These rules apply to most restaurant workers, including servers, cooks and managers who spend most of their time doing non-managerial work.

The former employee of Leo’s Oyster Bar allegedly didn’t receive overtime pay for the off-the-clock work starting in November 2023. Over a nine-month period, unpaid overtime could add up to thousands of dollars in lost wages.

If you recognize any of these unlawful practices from your own workplace, you have options. California law protects workers who come forward with wage claims and prohibits employers from retaliating for doing so. You can file a wage claim with the California Labor Commissioner’s office or pursue a lawsuit in civil court. In many cases, workers who successfully prove wage violations can recover not just their unpaid wages, but also penalties and attorney’s fees.

Documentation is crucial if you find yourself in a similar situation. If possible, keep your own records of hours worked, including start and end times. Save any text messages, emails or other communications about your wages or work hours. Even simple notes on your phone or a calendar marking when you actually started and ended work can help establish a pattern of unpaid hours.

At McCormack Law Firm, we understand the challenges workers face when dealing with wage theft and other employment violations. If you believe your employer has failed to pay you for all hours worked, altered your time records or delayed your wages, our San Francisco employment lawyers can help. Contact us today for a free initial consultation to learn more.

Disclaimer: This article is for information purposes only. McCormack Law Firm is not involved in this case.