BOBE » Topics » Our business could suffer if we are the subject of increased litigation regarding personal injuries suffered on our premises, discrimination, harassment or other labor matters.

These excerpts taken from the BOBE 10-K filed Jun 23, 2009.
Our business could suffer if we are the subject of increased litigation regarding personal injuries suffered on our premises, discrimination, harassment or other labor matters.
 
Employee and customer claims against us based on, among other things, personal injury, discrimination, harassment, wage and hour disputes or wrongful termination may divert our financial and management resources from operating our businesses. Restaurant companies have been the target of class actions and other lawsuits alleging, among other things, violation of federal and state law. Like many employers, Mimi’s Café has been faced with allegations of purported class-wide wage and hour violations in California, and we have taken charges related to the settlement of these cases. In fiscal 2009, a class action was filed against Mimi’s Café, alleging that assistant managers working in California from October 2004 to the present were misclassified by Mimi’s Café as exempt employees. As a result, the complaint alleges that these assistant managers were deprived of overtime pay, rest breaks and meal periods as required for non-exempt employees under California law. We believe that Mimi’s Café


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properly classifies its assistant managers as exempt employees under California law, and are evaluating the results of similar proceedings in California and consulting with advisors with specialized expertise. This case is currently in the discovery phase, and no trial date has been set. An unfavorable verdict or a significant settlement with respect to this matter could have a material adverse impact on our financial position, cash flows and results of operations. A significant increase in the number of these claims or an increase in the number of unfavorable verdicts or significant settlements could also have a material, adverse effect on our business, results of operations and financial condition.
 
Our
business could suffer if we are the subject of increased
litigation regarding personal injuries suffered on our premises,
discrimination, harassment or other labor matters.



 



Employee and customer claims against us based on, among other
things, personal injury, discrimination, harassment, wage and
hour disputes or wrongful termination may divert our financial
and management resources from operating our businesses.
Restaurant companies have been the target of class actions and
other lawsuits alleging, among other things, violation of
federal and state law. Like many employers, Mimi’s
Café has been faced with allegations of purported
class-wide
wage and hour violations in California, and we have taken
charges related to the settlement of these cases. In fiscal
2009, a class action was filed against Mimi’s Café,
alleging that assistant managers working in California from
October 2004 to the present were misclassified by Mimi’s
Café as exempt employees. As a result, the complaint
alleges that these assistant managers were deprived of overtime
pay, rest breaks and meal periods as required for non-exempt
employees under California law. We believe that Mimi’s
Café





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properly classifies its assistant managers as exempt employees
under California law, and are evaluating the results of similar
proceedings in California and consulting with advisors with
specialized expertise. This case is currently in the discovery
phase, and no trial date has been set. An unfavorable verdict or
a significant settlement with respect to this matter could have
a material adverse impact on our financial position, cash flows
and results of operations. A significant increase in the number
of these claims or an increase in the number of unfavorable
verdicts or significant settlements could also have a material,
adverse effect on our business, results of operations and
financial condition.


 




These excerpts taken from the BOBE 10-K filed Jun 24, 2008.
Our business could suffer if we are the subject of increased litigation regarding personal injuries suffered on our premises, discrimination, harassment or other labor matters.
 
Employee and customer claims against us based on, among other things, personal injury, discrimination, harassment, wage and hour disputes or wrongful termination may divert our financial and management resources from operating our businesses. For example, in fiscal 2006, we took a charge of approximately $0.9 million in connection with the settlement of a class action brought against Mimi’s Café that alleged, among other things, that non-exempt employees were not provided proper meal and rest breaks under California law. A significant increase in the number of these claims or an increase in the number of successful claims could have a material adverse effect on our business, results of operations and financial condition.
 
Our
business could suffer if we are the subject of increased
litigation regarding personal injuries suffered on our premises,
discrimination, harassment or other labor matters.



 



Employee and customer claims against us based on, among other
things, personal injury, discrimination, harassment, wage and
hour disputes or wrongful termination may divert our financial
and management resources from operating our businesses. For
example, in fiscal 2006, we took a charge of approximately
$0.9 million in connection with the settlement of a class
action brought against Mimi’s Café that alleged, among
other things, that non-exempt employees were not provided proper
meal and rest breaks under California law. A significant
increase in the number of these claims or an increase in the
number of successful claims could have a material adverse effect
on our business, results of operations and financial condition.


 




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