Usacomplaints.com » Cafes, Bars, Restaurants » Complaint / Review: Los Gatos Cafe - Illeagal labor practices and hostile environment. #270034

Complaint / Review
Los Gatos Cafe
Illeagal labor practices and hostile environment

I am a customer who has been frequenting this establishment for years now. I am writing because I have become aware of some incidences in this restaurant that make me concerned both as a member of this community and as a consumer.

The events and circumstances I have witnessed have occurred at the Los Gatos Caf on Santa Cruz Ave, in Los Gatos, CA.

I have recently begun sitting at the counter now that I have gone back to work, and eat by myself more during the week. I assume the reason I never noticed much of what was going on before was because, until recently, I usually ate at a table talking with others.

The first incidence that I noticed happened a few months ago when I came in for breakfast on a busy Friday. I was sitting at the second counter seat from the window when I witnessed a female server ask one of the cooks for an order of sauce or some side.

The cook she was talking to was a heavy-set male. This man yelled "I don't have time for you!" and slammed a large kitchen knife on the pass out window dangerously close to this server's hand. She left the window area without whatever she was asking for, and as she left I heard that same cook say "stupid lady", referring to the server.

Needless to say, there was an awkward silence at the counter as most of the customers sitting there had witnessed the entire scene. I didn't know what to make of the incidence, but decided not to say anything, assuming it was an isolated, albeit startling, event.
Then a few weeks ago I came in for breakfast, and once again ate at the counter. I ordered my breakfast with toast, and when it arrived the toast was a bit burnt on the edges. It was not that big of an issue for me really, but when my server asked if there was anything else she could get for me I asked if I could get an order of toast that was not so well done, if it wasn't too much trouble.

Had I known there would have been any problems with returning the toast (or that the server would get in trouble) I would have never done it. However, my server was so polite, courteous, said it was "no problem at all,
' and she even said she thought the toast looked a little burnt too.

As my server went to the window to return the toast, I remembered the incidence with the knife a few weeks earlier, and I noticed that the same man was cooking. I watched the server politely ask for another order of wheat toast, and this cook responded by calling her a
"XXXXX" and completely ignored her request. I could hardly believe my ears. The server was not being rude to this cook in any way. I waited tables for years back in college, and although the job had its stresses, I have never seen women treated so badly just for trying to do their jobs.

A few more minutes pass and I witness my server make two more attempts to get the toast (while she was busy with many other tables) and her requests repeatedly went ignored. I felt so bad for putting the server through this, however the cook should not be allowed to act this way, making myself and the server feel uncomfortable.
At this point my server came back over to apologize and say that she had asked for the toast again and she that was still waiting for it. I told her not to worry about it at all, as I was done with my meal and full at this point. I thanked her and tipped her well because I felt sorry for her having to put up with the "XXXXX" remark from the cook because I sent back my toast.

I did ask my server if I had heard the cook correctly as I was leaving. I said, "Excuse me miss, but did he call you a "XXXXX" for asking to get that toast re-cooked?" She responded by saying something along the lines of "yeah, that's just how he is." I assume this server has never had another job to think that this behavior is something that she has to put up with. The way she shrugged it off seemed to imply that it was common practice.

I could not get the incidence out of my mind that day. It is very disturbing to see people who are working so hard be spoken to like that. I did ask to speak to the owner, Robert Morcate, (who is a well known member of this upscale community) when I was in the restaurant, but he had left to run some errands. I have been in other restaurants where the servers are downright rude to customers and cooks, yet they still do not get called names. However, the girls at LG Caf are so polite and professional. I have watched them interact with the cooks and these girls are incredibly respectful, professional, and hardworking. I would be just as upset if the servers were calling the cooks names. It is unacceptable coming from any direction.

I ate at the caf again and I kept my eyes open after the last two incidences. The problem seems to be coming mostly from this heavy-set Hispanic cook and the owner. On the days that neither one are there the servers do not seem to put up with so much verbal abuse. It is also much more comfortable from the customers perspective.

Sitting at the counter watching someone get yelled at can ruin your appetite, not to mention it is unprofessional.

The last and final time I went in to eat at the caf I once again witnessed abuse. I was sitting at the counter eating when I witnessed an older female server come up to the window and ask for something. This server has to be in her fifties and she was speaking to the cook very respectfully.in response to what she had asked him he called her a "stupid XXXXX" loud enough for her and many customers to hear. This was the third individual incidence of abuse I have witnessed by this man in just a few months. I was compelled to post this online because I only eat at this restaurant a couple times a week and I cannot imagine what goes on all of the time.in addition, complaints to the owner fall on deaf ears.
I have always received excellent service from from the (for some reason) all female waitstaff here. As a consumer, I appreciate the respectful and polite way I am always treated by these servers. It made me feel awful to think that while these women are working so hard and being so polite to me they are getting yelled at and called names right around the corner. I now realize that this perfect service is a result of a hostile and military style environment.

Out of concern for the staff I made some "small talk" with them.By doing this I have found out that many of the servers at the Los Gatos Cafe are not aware of the labor laws in California. I feel that the business owners are aware of this fact and take advantage of it.

California labor law requires that employees receive 30-minute breaks free of all duty. I found out that you offer your employees two free meals a day, but these are {on the job meals{ and if they choose not to eat, or eat quickly, they are expected to work right away. Whether or not your employee chooses to eat, they are legally entitled to thirty minutes for themselves to sit and relax, run to the drug store, read the newspaper in their car, etc. Just because they need a break to sit and rest for 30 minutes during an eight-hour shift does not mean that they "can't handle it" as the staff reports Robert Morcate saying to them.

Specifically the law states:

No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the days work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 30-minute meal period, the meal period shall be considered an "on duty" meal period and counted as time worked. An "on duty" meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time. California Code of Regulations, Title 8,11040.

Robert Morcate is in clear violation

As a consumer and a citizen, I feel that it is my personal responsibility to speak up when I witness social and cultural injustice in my community.
My shock began when I witnessed the employees being called names in front of customers. One does not have to look very far below the surface to see that policy generally trickles down.

People who work in the service industry are generally non unionized employees who little to no benefits. It is legally fine to not give your employees health insurance, sick days, or benefits. Many businesses do not. However, you do have to obey the laws set by the California state labor board regarding break periods. These laws are the only "benefits" that many private sector service employees have left and you are ignoring them.

As a small business owner in our community Robert Morcate has a professional and ethical responsibility to make sure customers and employees do not have to put up with someone being called inappropriate names. He have a legal responsibility to obey laws regarding breaks in the state of California. When I find out that these practices have been remedied I will return as a customer. Until that time I will be eating in establishments that obey the California state labor laws.


Offender: Los Gatos Cafe

Country: USA   State: California   City: Los Gatos
Address: 340 N. Santa Cruz Ave
Phone: 4083544647

Category: Cafes, Bars, Restaurants

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