A New York-based restaurant chain is being sued for the second time in eight months for time and attendance violations, according to fast food industry website Blue MauMau.
In the most recent lawsuit filed in February, five employees - both current and former - working in a number of different job functions in the restaurant, claim to have put in more than the standard 40 hours in a given week, but were not compensated for the additional hours worked. In addition to unpaid overtime, the suit alleges other employee time violations on the part of the restaurant with regard to minimum wage payments under the Fair Labor Standards Act, and willful employee misclassification.
In the first lawsuit, which was filed last June, the restaurant was alleged to have paid one employee a base rate of $5 per hour, which falls short of the federal minimum wage guideline. The individual was also required to work more than 40 hours per week without receiving overtime.
According to the Blue MauMau report, shareholders in the company will be held liable and responsible for any underpayment of wages under New York State law.
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