Under the Fair Labor Standards Act of 1938, employers in Massachusetts and elsewhere are to pay time and one-half when eligible employees work more than 40 hours per week. It is a violation of state and federal law for employers to not pay their workers properly. A former worker and 10 other restaurant employees in another state have filed a class-action lawsuit in a federal court against their employer who they believe is in violation of wage and hour laws.
The former employee who initiated the claim alleges that he, as well as the other similarly situated workers, were denied being paid overtime for three years. The workers all worked in the kitchen as supervisors, dishwashers and cooks. Instead of being paid at an overtime rate, the workers were apparently paid their standard rate for all of their hours worked.
Additionally, the Wisconsin Department of Workforce Development requires that employers that are covered by this law must post information related to the FLSA where employees can see it. According to the lawsuit, this information was not readily available for employees to read. This information is required to be posted so that the workers can understand their rights.
The class-action lawsuit is filed against the restaurant, as well as its owner, with accusations of violation of the FLSA and Wisconsin wage and hour laws. If plaintiffs have has a favorable outcome, they may be awarded monetary damages, unpaid overtime, legal fees and other financial losses. Massachusetts workers should take the time to read all applicable information in regards to their rights under the FLSA. If they believe that their rights have been violated, they can investigate relevant laws to determine the best course of action.
Source: journaltimes.com, “Lawsuit alleges Douglas Avenue Diner failed to pay overtime“, Scott Anderson, Aug. 5, 2015