Has an employer denied you overtime pay? Currently, this seems to be an ongoing issue in several employment sectors, including the restaurant, tourism, transportation and tech industries.
You should know that in these cases, class action lawsuits have proven effective in obtaining back wages for victims of wage theft. Remember, if you work more than 40 hours per week, in most cases, you should be paid overtime.
There are some grey areas in employment law when it comes to workers who are in management or contracted positions, who are not hourly employees, when it comes to overtime. Nevertheless, if you have questions about this, you should speak to our attorneys. Keep in mind, in some cases, employees are misclassified by companies as salaried (or exempt) workers in an attempt to save money.
The Fair Labor Standards Act (FLSA) governs overtime pay, while there are state and local laws that also apply to wages. Companies that violate these laws can be held liable.
You should be paid for all of the hours you work. It is not fair for an employer to profit off you without providing you with a legal wage. Common ways employers do this is by giving management job titles to workers without pay raises and by erroneously calculating hours worked.
In the restaurant industry in particular, it is not uncommon for some workers to be asked to come into work early, while being told not to clock in depending on how busy an establishment is. In many cases, this is illegal, and it has led to lawsuits.
An Overtime Lawsuit Example
Last year, TGI Friday’s was accused of overtime violations in a Manhattan case. The lawsuit accused the company of minimum wage, overtime, tip and deduction violations. A judge is expected to rule on whether more than 30,000 employees can join the lawsuit soon.
Aside from TGI Friday’s, other restaurants that have been accused of wage violations include McDonalds, Subway, Dominos Pizza and Dunkin’ Donuts. Additionally, several tech companies, including Apple and Google, have been accused of wage and overtime violations.
Speak with one of our employment attorneys to learn how we may be able to assist you with an overtime claim. We want to make sure that you receive fair compensation for all of the hours you work.
Gary S. Graifman, Esq. and Randy J. Perlmutter of Kantrowitz, Goldhamer & Graifman, P.C. are both here to assist you.
Kantrowitz, Goldhamer & Graifman, P.C. – Class Action Lawyers