Chef brings lawsuit over time and attendance discrepancies

A chef formerly employed at a New Jersey restaurant has claimed he was improperly compensated for work he put in at the facility, with employee attendance and pay discrepancies at the heart of the suit.

The cook earned about $17.50 per hour and worked roughly 60 hours per week during a four-year period that ended in August 2011, according to local source NJ.com. The former employee alleged that the restaurant didn't pay him one-and-one-half times his regular rate of compensation when he worked more than 40 hours in a given pay period. The suit also claims that the chef was provided wages multiple times per workweek by the restaurant in an effort to avoid paying overtime.

The U.S. Department of Labor points out that some chefs, especially those in leadership positions or who perform a significant amount of creative duties, may qualify for the executive exemption of the Fair Labor Standards Act. However, the restaurant in the case has not yet clarified how it classified the ex-worker.

Accurate compensation can save businesses headaches from potential wage claims and litigation. Time and attendance software helps companies create and maintain complete records of pay and hours worked.


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