What Employee Overtime Pay Laws Apply to Bob Evans Restaurant

Popular Restaurants could Face More Unpaid Wages Lawsuits If They Do Not Comply with FLSA
HELPLINE

Many of the Bob Evans Restaurant 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.

Overtime Pay Calculator – Click here to find out how much you could be owed

What is Bob Evans Restaurant?

Bob Evans Restaurants is an American national chain of restaurants owned by Golden Gate Capital and based in New Albany, Ohio. Founded in 1948 by Bob Evans, the restaurant evolved into a company with more than 480 locations in 18 states. All corporate owned, the restaurant locations feature a country-living theme with a close connection to farms. Breakfast is served from open to close, and most locations sell baked goods, snacks, and small gift items. Bob Evans boasts a revenue of $1.7 billion and over 46,000 employees as of 2012, and consumers may recognize its iconic red house sigil embossed with white lettering. As a mid-sized American chain of fast casual restaurants, Bob Evans Restaurants remain within the public eye. 

Can Bob Evans Restaurant Employees Earn Overtime Wages?

Read more about Wage Theft here

Numerous non-exempt Bob Evans Restaurant employees may be 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, if many Bob Evans Restaurant employees exceed 40 working hours in a single week, they should receive overtime pay.

Employers have been known to illegally misclassify positions to avoid paying overtime. For instance, Bob Evans Restaurant shift or location managers may 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 the Bob Evans Restaurant 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.

How Can a FLSA Lawyer Help You

An experienced lawyer can analyze your case and see if you are entitled to lost overtime wages from Bob Evans Restaurant by evaluating how state and federal laws apply to your situation.

Does Bob Evans Restaurant Have to Pay Overtime Wages to Employees?

See our Overtime Pay Checklist here

For the most part, Bob Evans Restaurant 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 Bob Evans Restaurant?

Here are a few examples from the many previous lawsuits that have been issued against other employers for failing to pay overtime wages:

  • Justia lists at Bob Evans as a defendant in at least 9 lawsuits since 2012
  • Most notably, in 2018 Bob Evans Restaurants was ordered to pay $3,000,000 to current and former servers who were not properly paid as required by the FLSA overtime laws.

Also, see: Have you been the victim of workplace sexual harassment?

If you feel as though Bob Evans Restauarant or any 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.

BE THE FIRST TO COMMENT

Leave a Reply or Comment

Write a comment below to share online. Or, instead you can to our legal team.
Email is required to block spam, but will not be published.

Briefly describe the problem Briefly describe the problem

What’s your name? What’s your name?

What’s your phone number? What’s your phone number?

Get Your No-Obligation
Case Evaluation

Send a secure message to our legal team.

What’s your name? What’s your name?
What’s your email address? What’s your email address?
What’s your phone number? What’s your phone number?
Briefly describe the problem Briefly describe the problem
Your information is kept 100% confidential. We do not spam or sell your information.