A person working as a cook at a Pennsylvania-area restaurant is suing for time and attendance violations related to unpaid overtime, as well as wrongful termination, according to the Pennsylvania Record. The plaintiff states that he took a month off from work after sustaining an injury on the job and was terminated after the end of his workman's compensation period.
In his lawsuit, the plaintiff alleges that he often worked between 90 and 100 hours in a given week, but was never paid overtime for the additional time put in. Instead, his paychecks had two separate line items that designated payments for being a receiver and his primary function as a cook. The restaurant used this strategy to avoid paying overtime.
The Fair Labor Standards Act forbids nonpayment of overtime for employees not classified under exempt status. This also violates the Pennsylvania Wage Payment and Collection Law, the Pennsylvania Minimum Wage Act and common law practices in the state.
In addition to punitive damages, payment of legal fees and court costs, the plaintiff is also seeking to prohibit the restaurant from continuing illegal practices that could affect future employees.
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