Former Kona Grill Chef Seeks Unpaid Wages, Retaliation Damages

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Kona Grill, Inc. and subsidiary Kona Macadamia, Inc. are on the receiving end of a proposed collective action that claims they misclassified employees as exempt, failed to pay them overtime wages, and retaliated against an employee for taking leave under the Family Medical Leave Act. The plaintiff says he was employed by the defendants as a sous chef and regularly worked more than 40 hours per week without receiving overtime pay for the hours he worked above 40. He argues that his employers misclassified him and similarly situated employees as exempt from the overtime pay requirements under the Fair Labor Standards Act.

Additionally, the plaintiff claims he was “next in line” to be promoted to an executive chef position, but was no longer considered after he informed the defendants that he would be taking leave to care for his wife and newborn son.