A cook has filed a class action lawsuit against her former employer, alleging the Fair Labor Standards Act (FLSA), and workers compensation acts.
The woman filed a complaint, individually and on behalf of herself and all others similarly situated Sept. 18, in Pinellas Circuit Court against the restaurant, alleging they failed to pay employees for all hours worked.
According to the complaint, the woman, who worked as a line cook from March 15 until her termination April 3, and other similarly situated employees, have suffered the loss of earnings. The suit says they worked in excess of 40 hours per week, but were not compensated at the statutory rate of one and a half their regular rate of pay as required by FLSA.
The woman claims the restaurant denied employees their full and proper overtime compensation required by the FLSA, and showed reckless disregard of the provisions of the FLSA.
The Fair Labor Standards Act has set forward strict standards for employers. Employees must make minimum wage for every hour they work, in compliance with overtime regulations and current minimum wage law. If your employer has not paid you in compliance with overtime or minimum wage laws, you are entitled to pursue an unpaid wage claim.
It is important to point out that it is also illegal for your employer to retaliate against you for asking about a wage and hour dispute or for taking legal action. If you were fired, demoted, given unfavorable shifts or bad reviews simply because you inquired about not being paid properly, you have a right to pursue legal action.