On February 26, 2007, a class action was filed against Premier Food Services, Inc. for its failure to provide 30 minute, uninterrupted meal periods and 10 minute rest breaks to its hourly employees working at the Del Mar Racetrack and Fairgrounds.

Plaintiff was employed as an infield bar tender during race season and a seasonal bar tender during the summer fair season. Because Premier Food Services did not implement a floater to relieve its service staff, many employees were denied the ability to take their statutorily guaranteed 30 minute meal period during shifts in excess of five hours. Plaintiff, for example, was prohibited from leaving his bar station and the liquor and money that was located there.

Plaintiff has brought suit to recover the statutory penalties and unpaid wages. The remedy for missed meal and rest periods is one additional hour of pay at the employee's regular rate of pay for each day that a meal or rest period was not provided. This class action on behalf of all hourly employees of Premier Food Services is currently stayed pending a ruling by the California Supreme Court on how to interpret the employer's duty to "provide" a meal period. This ruling is anticipated to be published in the first half of 2012.

If you are or were employed by Premier Food Services, Inc. as an hourly at any time between February 26, 2003 and the present, your information may be critical to the prosecution of the case. Please contact us now at 1-866-629-3409.