Case Title: Barnes, II v. Gracia Mexican Kitchen, LLC
Case No. 2:18-cv-00140
On May 16, 2018, we filed this collective and class action on behalf of all current and former employees who worked for Gracia Mexican Kitchen as non-exempt employees and were not paid for all hours worked, were not paid minimum wage, and were not paid all of their earned tips.
What is the Case about?
We filed this collective and class action against Gracia’s in the U.S. District Court for the Southern District of Texas for a class of hourly employees who were not paid for all hours worked, not paid the minimum wage, and were not paid all of their earned tips.
The Case alleges that Gracia’s violated the Fair Labor Standards Act by failing to pay hourly employees for all hours worked, minimum wage, and withholding tips earned by employees. Specifically, the case alleges that these workers were paid the tip credit wage even when they should have been paid the full minimum wage. The Case also alleges that Gracia’s managers wrongfully withheld tips from servers and engaged in time shaving.
Plaintiffs believe that they and other hourly employees are entitled to recover unpaid tips, unpaid wages, unpaid overtime, interest on the unpaid wages, liquidated damages, attorney’s fees, and costs.
Who is Eligible for this Case?
Anyone who worked for Gracia’s as an hourly worker in the past three years and was not paid for all hours worked, was not paid the minimum wage, and/or was not paid all of the tips they earned are potentially eligible for the Case.
How do I Join the Case?
You may join the Case by e-signing the Consent Form. You may also print out the form, sign it, and mail it to our office at, 819 North Upper Broadway, Corpus Christi, TX 78401. It is important to sign and return this form as quickly as possible because the time period for your recoverable wages will depend on when this form is filed with the Court.
Can I be fired for joining?
The law prohibits Employers, or their agents, from firing, harassing, discriminating, or retaliating against an employee for taking part in a case for back wages.
Will this cost me anything?
You will not pay anything to join this case. This case is being handled on a contingency fee basis. Our firm will only be paid if we win the case and recover your back wages. Our payment will come out of the recovery amount.
We filed this Case on May 16, 2018.
We filed our Certificate of Interested Parties on June 1, 2018.
Defendants filed their Answer on June 25, 2018.
A Pretrial Conference was held on August 22, 2018.
Defendants filed a Motion to Dismiss on September 13, 2018.
We filed our response to Defendants’ Motions and are awaiting a ruling by the presiding Judge.
Defendants’ motions to dismiss as to Defendants Hoeg, Martinez, Gracia Mexican Kitchen, and Pasta Company has been denied.