If you stay up to date with our blog, you are aware several high profile lawsuits have been filed against restaurants over wage theft and overtime claims.
Lawsuits have been filed against McDonalds, Dominos Pizza, Subway and Dunkin’ Donuts accusing the restaurants of methodically stealing wages through practices including the failure to pay overtime and forced work off the clock.
It should be noted that wage theft allegations have also been filed against other employers. According to lawyersandsettlements.com, an executive chef has filed a lawsuit against Harvest Management Sun LLC, which operates a chain of assisted and independent-living facilities across the country, accusing it of misclassifying his position and denying him overtime pay.
The plaintiff reportedly spent more than 40 hours per week working at his facility to prepare food for a large nursing home. His complaint alleges that he was classified as a manager, even though he had very few managerial responsibilities. The company allegedly did this to deny him overtime pay.
Keep in mind, federal and state laws 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. Some places attempt to declare employees as managers in an attempt to skirt around overtime payments.
My Employer Owes Me Overtime. Can I Sue?
If you are not paid for all the hours you have worked, or your employer is withholding overtime wages, you can sue for damages.
Allegations of wage theft are well documented in the food industry. A poll of fast food workers recently revealed that 60 percent 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.
This is illegal. Please contact our office for a free consultation if your employer is forcing you to work off the clock. You deserve payment for all of the hours you work.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys
Did You Know? Subway was investigated more than 1,100 times from 2000 to 2013 overtime wage violation allegations by the U.S. Department of Labor.