A national restaurant chain is facing a time and attendance lawsuit for unpaid overtime and minimum wage violations. According to a press release, the suit was initially filed on behalf of employees in the New York metro area working for the restaurant in a number of different capacities. However, all accused the company of making them arrive to work prior to normal business hours to perform work related duties and stay well after closing time, all without being paid overtime or minimum wage.
The allegations violate both the Fair Labor Standards Act and New York Labor Laws. With regard to minimum wage, the State of New York currently requires workers to be paid $8 per hour while both the FLSA and NYLL require that overtime be paid at one-and-half of an employees rate of pay.
In addition to these practices, employees claim that managers routinely committed wage theft using employee management software that didn't accurately account for work performed, and also made staff perform tasks while not being clocked in.
The lawsuit is seeking national class-action status as well as liquidated damages related to back wage and overtime payments and other deductions taken by the company that were deemed to be unlawful.
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