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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