PAGA Suit Alleges Wage-and-Hour Violations at Patina Restaurant Group

A representative action under California’s Private Attorneys General Act alleges that Patina Restaurant Group failed to pay required wages, denied breaks and required off-the-clock work at multiple California restaurants over a multi-year period. The complaint, filed February 6, 2026 in Orange County Superior Court, was captioned Velazquez v. Patina Restaurant Group LLC and lists Marco Ochoa Velazquez as plaintiff and Crosner Legal as counsel.

The complaint as reported alleges a range of wage-and-hour violations between 2018 and 2025, including failure to pay minimum wages, failure to pay overtime, requiring off-the-clock work, denial of proper meal and rest breaks, failure to reimburse business expenses, unpaid split-shift premiums, uncompensated training time, and non-compliant wage statements. The filing seeks civil penalties under PAGA for those alleged violations. Court records show the matter is pending, and the case listing also names Delaware North Companies, Inc. among the defendants and Does 1–100 + 2, though the complaint itself should be reviewed for how corporate relationships are pled.

The new action adds to a pattern of litigation and labor activity tied to Patina operations in multiple jurisdictions. A federal class and collective complaint in the Southern District of New York, brought by plaintiff Hai Long Li, invites workers who believe they were denied proper hourly compensation and premium overtime wages to join and seeks Rule 23 certification and FLSA collective action relief. A prior California case brought by De’Jah Smith culminated in a PAGA settlement that a court approved as fair and reasonable, approving PAGA penalties totaling Five Hundred and Ninety-Five Thousand Dollars ($595,000.00) and attorney fees of One Hundred and Ninety-Six Thousand Three Hundred and Fifty Dollars ($196,350.00).

Workers and unions have also pursued administrative remedies and public pressure. An NLRB charge filed in November 2024 and amended in April 2025 concerns Patina Orlando entities at Walt Disney World and remains open under case number 12-CA-354319. UNITE HERE Local 737 has been active in Florida, filing a formal complaint with The Walt Disney Company over alleged violations of Disney’s Supply Chain Code of Conduct and staging a July 30, 2025 delivery and press conference. A union-organized outlet summarized the corporate relationship as: “Patina Group is a subsidiary of Delaware North.”

For frontline restaurant employees, the allegations at the center of Velazquez raise familiar operational pain points: split shifts that trigger premiums when not paid, training performed off the clock, short or interrupted meal breaks, and unreimbursed out-of-pocket expenses. Those practices can erode take-home pay, complicate scheduling, and increase turnover among servers, cooks, and back-of-house staff who already face narrow margins and unpredictable hours.

The Velazquez lawsuit is still pending in Orange County Superior Court. If it proceeds through discovery, plaintiffs may seek to document the number of affected workers and quantify unpaid wages and penalties. For employees, labor advocates and managers, the case underscores the ongoing regulatory and legal scrutiny of restaurant labor practices and the financial and reputational stakes of wage-and-hour compliance.