Two servers are suing the Laugh Factory for an alleged violation of the state Labor Code in which they maintain that management manipulates time cards and controls when they and other employees can take rest breaks, including times they can use the restroom during long shows.
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Plaintiffs Michelle O'Shea and Monroe-Nicole Edokpa work at the Hollywood Laugh Factory on Sunset Boulevard and bring their Los Angeles Superior Court lawsuit under the brought the state's Private Attorneys General Act, which authorizes allegedly aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees and the state for purported Labor Code violations.
The suit seeks a recovery of civil penalties. A Laugh Factory representative did not immediately reply to a request for comment on the suit brought Tuesday.
Edokpa was hired in October 2022 and O'Shea in March 2024. The plaintiffs' duties included serving customers, taking orders, delivering food and beverages, and related restaurant services.
According to the suit, the plaintiffs and other employees were required to take their 30-minute meal breaks at the start of their shifts and most of their breaks were interrupted. The employees also had to work five to six hours after their initial meal break without a second meal period, the suit alleges.
The workers also were directed to work shifts of eight to nine hours on holidays without second meal breaks and some of their rest periods were interrupted when management told them to bus tables, the suit alleges.
"Defendant's managers regularly altered time records to reflect fewer hours than actually worked by employees," the suit further states.
Last July, management reduced work hours of the plaintiffs and other employees from eight to 5 1/2 hours while still requiring them to work additional uncompensated hours, according to the complaint.
Hosts and other employees cannot use restrooms during shows lasting six or more hours, according to the suit, which further alleges that workers also are not compensated for business-related mobile device and data plan uses.
On Jan. 31, the Edokpa and O'Shea gave written notice to the state Labor and Workforce Development Agency and the Laugh Factory about specific provisions of the Labor Code alleged to have been violated, including the supporting facts and theories, but the LWDA has not yet said whether it plans to investigate, the suit states.
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