A bakery in New York is facing a time and attendance lawsuit regarding violations of the Fair Labor Standards Act, according to a report from the Staten Island Advance. The news publication wrote that an employee, who would been working for the defendant for nearly a decade as a cake decorator, was paid $670 as a flat rate despite working more than 80 hours per week during the holidays.
According to the FLSA, if an employee is not categorized under an exempt status that causes one to be ineligible to receive overtime pay, then one and one-half times the workers hourly rate must be paid in compensation for working above the standard 40 hours that make up a work week.
The report alleges that for more than five years the plaintiff worked at least six days in an average week, and 48 hours in a week from January to October. However, from October through the end of the year the employee states that he would work 80 hours, on average, in a week, but would only make an additional $20 for the extra time. The lawsuit is seeking unspecified damages.
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The U.S. Department of Labor recently discovered that Detroit-based Sheila's Bakery was violating the Fair Labor Standards Act's (FLSA) overtime provisions, and has agreed to pay 21 employees $63,000 in back wages, according to The Associated Press.
Matthew Tobin filed a lawsuit against his employer, Sussex, Wisconsin-based Beer Capitol Distributing Inc. for failing to pay him proper wages for his employee overtime, the Milwaukee Journal Sentinel reports.
Dick Lee Pastry, a restaurant in San Francisco's Chinatown neighborhood is currently involved in an employee lawsuit that yielded the biggest single settlement payment the city has ever received.