Is Your Employer Paying You Below Minimum Wage or Withholding Overtime? Fast Food Workers Must Now Fight Back

Are you a fast food worker struggling financially? Has your employer violated federal laws by paying you below minimum wage guidelines? Has your employer withheld overtime pay?

Fight back. Do not let your employer take advantage of you. Hold it accountable for not paying you for the work you have performed.

Earlier this year, several wage and overtime lawsuits were filed by McDonalds workers, accusing the chain and its franchisors of systematically stealing wages through practices including the failure to pay overtime and forced work off the clock.

In one of the lawsuits, a worker claimed McDonalds managers asked him to punch out for his shift but remain in the store, ready to punch back in when the restaurant got busy. These types of acts by employers are deceitful and illegal.

The alleged wage theft is not limited to McDonalds—lawsuits across the country have also been filed against Dominos Pizza and Dunkin’ Donuts. In addition, CNN reported recently that Subway franchisees have been found in violation of pay and hour rules in more than 1,100 investigations spanning from 2000 to 2013.

According to the news outlet, the Subway investigations have resulted in 17,000 Fair Labor Standards Act violations and franchisees having to reimburse workers more than $3.8 million.

How Can I Sue My Employer For Wage Theft?

Many wage disputes are the result of unpaid wages, improperly calculated overtime, and minimum wage violations. Earlier this year, a national poll of fast food workers revealed that 60 percent of workers had been required to perform tasks before clocking in or clocking out, while 46 percent had not been paid for all hours worked or tasks that they performed.

It is shameful that so many fast food workers are struggling because franchises are attempting to save money. Employers are prohibited from docking your wages below federal and state minimum wage guidelines by working you off the clock. Keep in mind, California law requires a minimum of $8.00 per hour.

In addition, federal and state laws also require that “non-exempt employees” be paid overtime wages, which is time-and-a-half wages for each hour worked over 40 hours in a workweek.

If you are not paid for all the hours you have worked, or your employer is withholding overtime wages, you can sue for damages. Wage and overtime claims can be resolved through the court. Hold your employer accountable for not paying you what you are legally entitled to receive.

Kesluk, Silverstein & JacobLos Angeles employment attorneys

Your Workplace Champion: Does your employer owe you back pay or overtime wages? Is it not paying you a legal wage? Contact us today at 310-273-3180.