On November 21, 2016, four individuals who recently worked at the Gino’s Burgers & Chicken restaurant chain, filed a lawsuit against their former employers in the United States District Court for the District of Maryland.Represented by the Public Justice Center and Rosenberg Martin Greenberg LLP, the workers allege that Gino’s and its owners and management violated their rights under the Fair Labor Standards Act (“FLSA”) and its Maryland analogs, as well as Section 1981 of the Civil Rights Act, which prohibits racial discrimination in employment.
The suit alleges that Gino’s and its owners and managers targeted Latino workers for wage theft, and subjected them to a racially hostile work environment. Plaintiffs contend that Gino’s required Latino employees to work long hours in the “back of the house” and then failed to pay them for all hours worked, subjected them to unlawful deductions from their paychecks, and denied them legally required overtime wages. Indeed, for some weeks, the Plaintiff workers did not receive any compensation at all. Gino’s owners and managers harassed and intimidated Latino workers who attempted to assert their right to receive wages earned, creating an abusive work environment where Latino employees were afraid to speak up.
The offenses alleged in the complaint were numerous. When Plaintiff GeidiOromon Ramos asked for her earned wages, one of Gino’s owners remarked that Latino workers are “bastards”and“take our jobs,” ultimately ignoring her request.The Defendants subjected Plaintiffs to verbal and physical abuse daily; Plaintiffs were routinely told that, because of their race, they and other Latino workers were stupid, worthless, and only good for cooking and cleaning.When one Plaintiff, Iris Pineda Leiva, complained about the abusive language, her boss went so far as to throw a cardboard box at her.
The relief sought by the Plaintiffs includes unpaid wages and additional monetary damages, as well as certification of a collective class action under the FLSA. If the action is certified as a collective class action, other Latinos who either presently work or previously worked at Gino’s Towson or Aberdeen locations and were subject to the pattern of race-based wage violations described in the Complaint may be able to join the action and seek similar relief.
The Public Justice Center is a non profit legal advocacy organization that provides advice and representation to low-income clients, advocates before legislatures and government agencies, and collaborates with community and advocacy organizations. The attorneys handling this action on behalf of the Public Justice Center are Monisha Cherayil and Sally Dworak-Fisher. Rosenberg Martin Greenberg is a full-service business law firm in Baltimore, Maryland, advising entrepreneurs and organizations on an extensive range of issues. Its core practice areas are business litigation, real estate, business planning & transactions, commercial lending, tax & wealth planning, creditors' rights and tax controversy. It is handling this action as part of the firm’s continued commitment to community engagement and in support of Public Justice Center’s mission. Louis J. Ebert is leading RMG’s participation in the case. When asked why the firm is taking on this matter, Mr. Ebert stated, “Representing individuals whose rights have been taken from them in such an egregious manner and assisting an organization committed to defending those rights is the right thing to do.”
