The Fair Labor Standards Act (FLSA), the federal law, provides rules on overtime, the minimum wage and tip credits can provide significant monetary damages for workers cheated out of their wages. Two times the amount of owed wages can be recovered, in addition to attorney fees.We have represented hundreds of workers in the restaurant industry in getting overtime owed to them as well as sometimes even the minimum wage. Waiters, buses, cooks, etc. often are not properly paid. Common ways employers fail to properly pay their restaurant workers include: • Managers illegally adjusted timesheets to avoid overtime, • Improper use of tip credit, • Mileage reimbursement or other business expense reimbursement insufficient, • Improper calculations of overtime pay, • Employer-retained delivery charges belong to employees, • Improper uniform deductions, and • Retaliation against those who complain. CNN had recently reported that the New York Attorney General has an active ongoing investigation on the fast food industry. Additionally, an organization called Fast Food Forward is advocating for the rights of fast food workers is gaining momentum. Lebau & Neuworth supports this organization. In a recent Maryland federal district court case, workers at Green Turtle restaurants were awarded more than $210,000 in owed wages. Lebau & Neworth partner, Steve Lebau, was quoted in the Baltimore Business Journal in 2012 about the wage violations in the restaurant industry:
“I think a lot has to do with the economy, and employers trying to save money where they can,” said Lebau, who represents workers in employment cases.
Lebau’s firm, Lebau & Neuworth LLC, is handling more wage-and-hour cases involving multiple employees. The firm handled between 10 and 15 collective action cases last year. That is double or triple the number from two or three years ago. Collective action cases are similar to class action lawsuits in other types of civil cases in that affected workers can join a consolidated lawsuit without having to file a separate suit on their own.
Lebau & Neuworth is uniquely positioned to represent workers owed wages, as one of the largest Maryland law firms that solely represents employees. If you are owed overtime, tips or any other wages, and want to know about your rights under the Fair Labor Standards Act (FLSA), contact us immediately. We can help.
