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Applebee’s Overtime Lawsuits: Wage & Hour Laws

Applebee’s Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about Applebee’s:

What Does Applebee’s Do?

Applebee’s is a chain of dining restaurants with over 2,000 locations in the United States and 15 other countries. The company focuses on casual dining, while serving mainstream American dishes such as salads, chicken, and pasta. All Applebee’s restaurants feature a bar area and serve alcoholic beverages.

Who Does Applebee’s Employ?

Applebee’s employs about 28,000 people company-wide. Our experienced overtime pay lawyers handle cases for all Applebee’s employees, including the following:

  • Food prep workers
  • Cooks
  • Cashiers
  • Waiters & waitresses
  • Bus boys
  • Hosts & hostesses
  • Managers
  • Assistant managers
  • Maintenance workers

Where is Applebee’s Located?

Applebee’s corporate headquarters recently relocated from Kansas City, Missouri to Glendale, California, following its purchase by DineEquity Inc.

Applebee’s has expanded to have over 1,990 restaurants operating in 49 states, 15 countries, and one U.S. territory. Some of the U.S. locations include:

Applebee’s Overtime Pay Lawsuit News

What are the Laws for Applebee’s Employee Overtime Pay?

Under the Fair Labor Standard Act (FLSA), many Applebee’s employees are considered non-exempt and therefore entitled to overtime pay.

If an employee is non-exempt under the FLSA, the law requires that they are paid overtime wages of one and one-half times their regular rate of pay for every hour past 40 in one week.

The FLSA has several exemptions, however, that would preclude employees from receiving overtime pay. For example, employees with “adminstrative” or “professional” roles may fall under these exemptions.

It is important to note that exemption is not determined solely based on job title. Rather, job description, job duties, rate of pay, and hours worked are used to determine if an employee should receive overtime pay.

On top of the FLSA, some states have their own overtime pay laws. These laws may complement or contradict the FLSA, so it is important to consult an experienced attorney who is familiar with all the applicable overtime pay laws.

Is an Applebee’s Employee Entitled to Overtime Pay?

Applebee’s employees are often required to work double shifts, as well as additional time before and after their scheduled shift. As a result, many employees end up working more than 40 hours per week, and are therefore entitled to overtime pay.

Employees who are exempt under the FLSA are not entitled to overtime pay. Whether or not an Applebee’s employee falls under the “administrative” or “professional” exemptions is determine based on job description, job duties, rate of pay, and number of hours worked.

Employers often deny or unlawfully refuse to pay overtime by misclassifying the positions of the workers, claiming that they are exempt when, in reality, they are not. For example, a franchise manager may be considered exempt by the company based on their “manager” title, when, in reality, their job duties reflect a non-exempt classification.

Applebee’s may also require their employees to report to work early but not “punch the clock” until later or strike hours off of time cards, or they may refuse to pay employees for work done before the shift starts and after they punch out for the day. These are violations of the Fair Labor Standards Act (FLSA) and can give rise to an overtime pay lawsuit.

An experienced overtime pay attorney will be able to analyze your case in the context of the FLSA and your state’s laws to determine if you are due overtime wages from Applebee’s.

Does Applebee’s Have to Pay Overtime Wages to its Employees?

In many cases Applebee’s is required to pay overtime wages to employees that work more than 40 hours in one week. This excludes employees who are considered exempt under the FLSA.

Exemption is not cut and dry; the FLSA is a complicated law and state laws can complicate the picture even further.

If you believe that Applebee’s owes you overtime pay, it is best to consult an attorney who has experience with the FLSA and state overtime wage laws.

To determine whether you are eligible for filing a wage claim, contact our experienced Applebee’s Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page.

We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

Has Applebee’s Been Involved in Overtime Pay Lawsuits?

Over the past several years, current or former Applebee’s employees have brought a number of lawsuits against the company in an effort to reclaim lost overtime wages. Here are a few examples of such lawsuits:

  • Former Applebee’s employees brought an overtime wage lawsuit against a franchisee, claiming the franchisee used pooled tip money to cover cash register shortage; required tipped workers to perform non-tipped work without paying minimum wage for the work; failed to give proper tip-credit notification, as required by the FLSA; and used an excessive amount of the employees’ tip pool to cover their wages. A federal judge in Illinois granted preliminary approval of a $2.7 million settlement offer.
  • Two related class action overtime pay lawsuits against Apple-Metro Inc., a New York Applebee’s franchisee, were granted conditional class certification. The employees in the two class actions claim the franchisee failed to pay minimum wage and overtime pay, along with time record alterations and reduced tip credit, in violation of New York labor law and the Fair Labor Standards Act (FLSA).

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