Who is a Class Member
Class members of the California Amber India Restaurant Unpaid Wages Class Action Settlement include “current and former non-exempt employees who performed work at any of the Amber India family of restaurants in California in operation at any time during the period February 27, 2011 through June 18, 2015, including restaurants owned/operated by Amber India Enterprise, Inc.; Amber Culinary Service, Inc.; Amber India Commercial, Inc.; Amber Foods International, Inc.; Amber Foods Enterprise, Inc.; and Amber India Corporation, including the Amber India restaurants in San Francisco, Mountain View, Los Gatos, and San Jose; the Amber Dhara restaurants in Palo Alto and San Francisco; the Amber Café, and the Amber Club.”
If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.
Settlement Amount
- $570,000.00
Estimated Award
- Varies
Each Class Member who does not opt out of the settlement will receive a payment from the settlement fund. 90% of those settlement proceeds will be distributed among all Class Members, and each Class Member’s payment from these proceeds will be determined by the number of weeks in which he or she worked as a non-exempt employee for Amber India in California during the applicable period.
Proof of Purchase
- N/A. However, if you believe there are errors in your payroll information, please contact the Settlement Administrator or send proof/documentation by Jan. 7, 2018.
Claim Form
- If the settlement is granted final approval, Class members who do not exclude themselves from the settlement will automatically receive a check.
California Amber India Restaurant Unpaid Wages Settlement Notes
- D’Sa, et al. v. Amber India Corp., et al.
- Case No. CGC-15-544578
- Pending in the Superior Court of the State of California, County of San Francisco
Plaintiffs Ian D’sa, Maria Diaz, Jorge Valdivia, and Francisco Romero initiated this class action lawsuit alleging the Amber India family of restaurants violated several California labor laws. Specifically, the plaintiffs allege that Amber India never communicated or implemented a proper meal or rest break policy, and were also not compensated for missing their breaks. According to the complaint, Amber India reportedly never even allowed their workers to take breaks and when they complained to management, employees were told that “employees were not allowed to take breaks because they were too busy.”
Additionally, the workers claim that Amber India manipulated time records and deleted overtime hours to avoid paying straight time and overtime wages, and also failed to provide accrued overtime compensation and missed break premiums wages upon termination.
Amber India denies any wrongdoing but agreed to the settlement to avoid further litigation costs. It is estimated there are about 590 individuals included in the settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the California Amber India Restaurant Unpaid Wages Settlement.
Class members who wish to exclude themselves or object to the terms of the California Amber India Restaurant Unpaid Wages Settlement must do so by January 7, 2018. Class members who wish to participate in the settlement do not need to submit a claim form in order to receive part of the payout.
Important Dates
- 1/7/18: Objection or Exclusion Deadline
- 2/16/18: Final Approval Hearing at 2:00 pm PT* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check the California Amber India Restaurant Unpaid Wages Settlement website to confirm that the date or time of the Hearing has not been changed.
Contact Information
- Mail: D’sa v Amber India Settlement Administrator, c/o Rust Consulting – 5776, PO Box 2396, Faribault, MN 55021-9096
- Phone: 1-415-766-3539 (Class Counsel)
Class Counsel
- Richard A. Hoyer and Ryan L. Hicks of Hoyer & Hicks
Settlement Website