New lawsuit says Horn Barbecue didn’t pay wages. How it impacts Fresno workers
AI-generated summary reviewed by our newsroom.
- The lawsuit alleges unpaid wages, overtime, missed meal breaks and other violations.
- The suit seeks to include Horn Barbecue employees statewide, including Fresno.
- Horn’s statement declined to address allegations, instead addressing broader context.
A class-action lawsuit has been filed against famed barbecue pitmaster Matt Horn and his restaurants, seeking compensation for unpaid wages for employees, missed meal breaks, unpaid overtime and more.
The lawsuit, filed in Alameda County, seeks to include workers statewide, including at Horn Barbecue in Fresno.
The Fresno restaurant abruptly shut down this spring, about five months after it opened at Granite Park, near Cedar and Dakota avenues. The business was evicted from the property.
Horn, a Fresno native, shot to fame in the culinary world in 2020. His Oakland Horn Barbecue nabbed a semi-finalist nomination for a coveted James Beard Award for “Best New Restaurant” and he had the first Black-owned barbecue restaurant in the country to receive a Michelin’s Bib Gourmand award.
He opened multiple restaurants in addition to Oakland, including locations of Horn Barbecue in Lafayette in the East Bay Area and Elk Grove outside Sacramento. He also had restaurants under the Kowbird and Matty’s Old Fashioned names.
Now, all but one have shut their doors. And it’s not clear if the Oakland location — which moved to a spot downtown after the original location burned down and is being investigated as arson — is still open. No one answered the phone this week during the hours listed on its website.
Even before the Fresno restaurant’s closure, employees had filed claims with the state for unpaid wages. Fourteen have filed claims with California’s Department of Industrial Relations as of this week.
The Fresno’s City Attorney’s Office is also investigating the Fresno restaurant for wage theft.
The class-action lawsuit was first reported by SFGate.com.
Kitchen manager Francisco Berber filed the lawsuit, saying he was not paid for 110 hours he worked, according to court documents. He could not be reached for comment.
The complaint does not say which Horn’s restaurants Berber worked at, but the complaint was filed in Alameda County, which includes Oakland.
The lawsuit seeks to include all Horn employees in California, attorney David Mara said via email.
At least 100 workers could be covered by lawsuit in Alameda County alone, according to court documents.
In a statement emailed to The Bee, which is published in full below, Horn declined to debate the allegations against him, citing pending litigation.
But his statement also addressed broader issues facing Black-owned business.
It reads, in part: “The issue is not whether Horn Barbecue faced significant financial headwinds—those challenges have affected restaurants across California. The question is whether Black-owned businesses are afforded the same context, fairness, and presumption of good faith that others receive while disputes are resolved.”
The class-action lawsuit against Horn alleges:
- Workers were not paid for all the hours they worked.
- Workers were sometimes expected to work during their state-mandated meal breaks.
- Workers were not paid all the overtime they were owed. The law requires hourly employees be paid time-and-half pay after eight hours a day or 40 hours a week, and double time after 12 hours in one shift.
- Workers were not always given breaks. California law requires a 10-minute break for every four hours worked.
- Workers were not always given wage statements, such as pay stubs, showing hours worked and deductions.
- Horn’s behavior constitutes “false, unfair, fraudulent and deceptive business practices.”
The lawsuit is seeking a jury trial and repayment of the wages owed to employees. If Horn is found liable for the wage statement violations, workers could be entitled to an additional penalty of up to $4,000, the attorney said.
Workers do not have to opt into the lawsuit. If the class is certified in court, they will get a notice from the attorney. However, the law office can be reached at 619-234-2833.
Statement from chef Matt Horn to The Fresno Bee
Horns statement reads in full:
“California’s restaurant industry is facing one of the most difficult economic environments in recent memory. Rising food costs, inflation, higher labor expenses, and reduced consumer spending have forced many restaurants — including longtime institutions — to close their doors.
“Because this matter is now the subject of pending litigation, it would not be appropriate for us to debate the allegations in the court of public opinion. We will respond through the legal process, where the facts can be fully examined.
“What we can say is that Horn Barbecue has always sought to work in good faith with its employees and to address payroll issues when they have arisen.
“We also believe it is important to recognize the broader context in which independent restaurants — and particularly Black-owned businesses — have been operating.
“Too often, when businesses struggle under extraordinary economic pressures, those challenges are understood as the result of difficult market conditions. But when a Black-owned business experiences those same pressures, the conversation can quickly shift from economics to assumptions about character or intent.
“The issue is not whether Horn Barbecue faced significant financial headwinds—those challenges have affected restaurants across California. The question is whether Black-owned businesses are afforded the same context, fairness, and presumption of good faith that others receive while disputes are resolved.
“Horn Barbecue remains committed to resolving this matter through the appropriate legal channels and appreciates the continued support of its customers, employees, and the community. I will continue to serve my community and will not be deterred by false and opportunistic allegations.”
