Tuesday, May 4, 2021
This week’s spotlight among COVID-19 related workplace litigation involves a familiar trend: a plaintiff who collectively alleges she was not provided required meal breaks (nor paid for working through them), and individually alleges wrongful termination in retaliation for reporting her employer’s alleged violation of COVID-19 related safety measures. We’ve seen it before and we will see it again yet another example of a complainant combining COVID-19 related allegations with unrelated wage and hour allegations.
In
Alba v. Cock-A-Doodle Restaurant, Inc., et al., the plaintiff, a restaurant server and bartender, claims the defendant employer wrongfully terminated her in retaliation for protected whistle blowing. The plaintiff alleges that the director of the California Department of Public Health ordered all Californians to wear masks inside any indoor public space, and ordered indoor dining in San Bernardino County restaurants to cease for