Fla. fast food franchisee employee files labor suit

A worker at a fast food restaurant in Fla. has filed a class action lawsuit alleging that employees were paid less than the minimum wage in violation of the federal Fair Labor Standards Act.

A proposed class action suit would include everyone who worked at a location operated by the franchisee from Jan. 2009 through the date of the final resolution of the case, according to news source Law360. However, there is currently only one named plaintiff for the suit.

The restaurant franchisor is also based in Florida and the plaintiff named that company in the suit as well. The number of plaintiffs could increase because of the franchisee's multiple locations and the amount of time covered by the suit

The federal minimum wage was most recently increased in July 2009, to a rate of $7.25 per hour of employee time spent at work. Florida's lowest pay rate is higher than the federal standard, currently sitting at $7.93 and adjusted annually based on cost-of-living considerations.

Tracking the hours spent at work by non-exempt employees is made easier through the use of time and attendance software. The accurate records created by such programs help employers meet FLSA requirements and help protect against litigation.


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