SAN ANTONIO — Thirty-four San Antonio workers recently settled a federal unpaid overtime lawsuit with a group of employers who allegedly failed to pay the plaintiff’s minimum wage and overtime.
Workers filed their suit in 2014 in U.S. District Court in San Antonio with the help of local non-profit legal aid societies.
Plaintiffs settled their cases with local franchises of Subway, Great American Cookies, and Marble Slab Creamery, among others, for a total of $195,000 which includes $82,600 in legal fees for the attorneys representing them. The federal judge overseeing the case recently approved the settlement and workers are expected to receive their compensation in the coming weeks.
Payouts ranged from around $50 per worker to over $16,000 for the lead plaintiff in the case who worked for many of the defendants named. Workers claimed in their suit they were not paid time and a half for the time spent working over 40 hours per week while others alleged they were not even paid the federal minimum wage of $7.25.
In addition to their back pay, the settlement also included liquidated damages equal to the amount of lost wages. Due to the terms of the settlement, it is unclear whether the defendants intentionally violated the provisions of the Fair Labor Standards Act (FLSA). The defendants claimed they settled the case to avoid the costs associated with the litigation.
Federal Overtime Pay Lawsuits
The FLSA, employees who believe they were not paid their proper overtime wages have the right to file civil lawsuits in federal court against their employer to recover lost wages. Federal wage laws hold employers must keep accurate accounting of payroll and hours worked and if plaintiffs can demonstrate discrepancies in these numbers they may be able to prevail in court.
Often times, restaurant workers may be improperly classified or asked to perform work on tip-based wages which is improper under federal law. Speaking to a qualified overtime lawsuit attorney can help plaintiffs understand their options.
Restaurant Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.