Law Offices of Louis Spitters
408-780-1920

Restaurant accused of non-payment of overtime by ex worker

New and established businesses in California and across the country should all be aware of the Fair Labor Standards Act and how to properly compensate its employees in accordance with state and federal employment laws. Workers who realize that their employers are not paying them correctly may choose to take legal action. A former employee of the Broadway Lights Diner & Cafe alleges that he was victim of wage theft because he was denied his payment of overtime.

The plaintiff did various jobs at the restaurant, including accepting deliveries, prepping food for service and cleaning the restaurant as well as the dishes. He alleges he worked 75 hours per week. His shifts were usually 11 and 12 hours long.

Instead of being paid overtime for his extra hours, he was apparently paid $600 a week as a flat salary. The Worker Justice Center stated in a press release that the plaintiff was never given overtime pay the entire time he worked at the company. The former dishwasher contacted other employees with whom he worked and spoke to them, but it is yet unknown if they will come forward about their situations.

Broadway's lawyers claim that the restaurant owner denies all of the allegations and that she has always paid her workers in accordance with the law. The plaintiff filed a federal lawsuit to attempt to receive payment for his overtime hours as well as other pay to which he feels entitled. If California workers are denied overtime under the FLSA, they can file claims for the money to which they believe to be owed.

Source: dailyfreeman.com, "Lawsuit alleges Midtown Kingston diner violated labor laws; owner denies wrongdoing", Diane Pineiro-Zucker, July 13, 2015

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