Many Big Boy employees fall under the non-exempt category of employment and MUST be paid overtime wages according to the guidelines laid out in the Fair Labor Standard Act (FLSA). The FLSA sets the overtime rate for non-exempt employees at time and one-half their standard rate of pay for any time worked over 40 hours in a single week.
The FLSA regulations do not apply to “administrative” or “professional” employees due to exemptions preventing specific categories of employees from receiving overtime pay.
Exemptions are not based entirely on one’s job title, however. Whether or not an employee should receive overtime pay is calculated by the hours worked, the rate of pay, the job duties, and even the job description.
It’s always a good idea to speak with an attorney with experience in overtime pay laws due to issues with additional state laws governing overtime pay. These laws sometimes overlap federal laws and further complicate or contradict the FLSA.
Can Big Boy Employees Earn Overtime Wages?
Numerous non-exempt Big Boy employees have been required to start before their shifts or even work after their shifts finish off the clock. It is not uncommon for employees to work double shifts as well. Because of this, many Big Boy employees exceed 40 working hours in a single week and should receive overtime pay.
Employers have been known to illegally misclassify positions to avoid paying overtime. For instance, Big Boy shift or location managers have been labeled “managers” with the goal of marking them exempt from overtime pay. However, these employees are in fact non-exempt because of the nature of their job duties.
Often companies label employees as managers even though they do not fill vital roles for the business. The FLSA dictates that “managers” must have specific abilities, for instance, hiring or firing employees, making schedules, or completing other tasks that are essential to the running of the business. Typically these employees do not perform these duties and are instead only labeled as managers for employers to save money by avoiding paying overtime.
Another unlawful practice that Big Boy may perform is having employees clock in before a shift or asking them to stay after a shift without compensating them. This practice of manipulating time cards to keep payroll costs down is a violation of the FLSA and can result in a lawsuit.
An experienced lawyer can analyze your case and see if you are entitled to lost overtime wages from Big Boy by evaluating how state and federal laws apply to your situation.
Does Big Boy Have to Pay Overtime Wages to Employees?
For the most part, Big Boy must pay overtime to non-exempt employees who work more than 40 hours in a week as long as they are not excluded by the FLSA. However, these exemptions become more complicated by some states that have additional laws governing them.
If you feel like you have been denied overtime wages, then it is in your best interest to consult an attorney with FLSA experience and knowledge of state overtime laws.
Are There Other Overtime Pay Lawsuits Involving Big Boy?
Here are a few examples from the many previous lawsuits that have been issued against other employers for failing to pay overtime wages:
- In Cincinnati, employees filed a lawsuit for unpaid overtime against their employer for allegedly not paying the kitchen staff certain incomes and overtime wages.
- A restaurant in Akron, Ohio settled with the Department of Labor recently after claims that the company stole wages from nearly two-dozen employees over a period of serval years. Defendant Azteca Restaurante Mexicano Inc. and its proprietor were required to reward employees a total of $118,000 in lost wages with interest. The establishment was also required to use an electronic payroll system to prevent wage theft from happening again.
If you feel as though Big Boy or another employer has denied you overtime wages, you could have a case. Please get in touch with the Lemberg Law legal team. Complete our form for a FREE case evaluation, or call 844-685-9200 NOW. Lemberg Law will evaluate your case as see if you are eligible to receive lost overtime wages as a non-exempt employee.