The Law Office of Phillip A. Austin represented three employees of a Fast Food Company, who were being denied overtime and other statutory violations by their management.
I. FACTUAL BASIS
Two of the three employees have been employed at the Fast Food Chain located in Apache Junction since 2007. One has been employed there since 2013. During their tenure with the Fast Food Chain, these employees met expectations and received pay raises. In violation of the Fair Labor Standards Act 29 USC § 207, management failed to pay these employees for overtime they worked.
A review of the paystubs of these employees revealed that they were consistently denied overtime pay.
II. LEGAL ANALYSIS
Section 16b of the Fair Labor Standards Act (FLSA) provides that employers who violate the overtime provisions shall be liable in the amount of unpaid overtime and an additional equal amount as liquidated damages.
Employees who work in excess of 40 hours in any 7-day workweek must receive compensation at a rate not less than one and one-half times the regular hourly rate at which the employee is paid. 29 U.S.C. §207.
The salary amount cannot be subject to reduction because of variations in the quality or quantity of work performed. In other words, employees must receive their full salary for any week in which they perform any work, without regard to the number of days or hours worked. 29 C.F.R. §541.5(d)
Additionally, the FLSA provides for the award of attorney fees. Owners and supervisors are personally liable for FLSA violations, therefore, an owner cannot escape liability by selling the business. Finally, employees are protected under the FLSA, regardless of their legal status, whether or not they are legally in the country. Sure-Tan, Inc. v. NLRB 467 U.S. 883, 104 sect 2803 (1984)
Within two weeks of the date that Attorney, Phillip A. Austin sent a demand letter to the management of the Fast Food Chain, the chain agreed to pay the employees $66,910.00 in full settlement of their claims.
If you, as an employee, believe you have been illegally denied overtime pay or if you as an employer seek assistance to comply with the overtime statutes and regulations, please contact the Law Office of Phillip A. Austin with AZJusticeForAll.com, (480) 644-0506 or email our Office: firstname.lastname@example.org