The Cheesecake Factory Overtime Lawsuits: Wage & Hour Laws
The Cheesecake Factory Overtime Lawsuits: Wage & Hour Laws

The Cheesecake Factory Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about The Cheesecake Factory:

What is The Cheesecake Factory?

The Cheesecake Factory is an upscale casual dining restaurant with hundreds of locations worldwide that is famous for its large variety of… cheesecakes.

Who Does The Cheesecake Factory Employ?

The Cheesecake Factory locations employ thousands of people. Our experienced overtime pay lawyers handle cases for all The Cheesecake Factory employees, including the following:

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

Where is The Cheesecake Factory Located?

The Cheesecake Factory’s corporate headquarters is located in Calabasas Hills, CA. The company has over 400 locations in the United States and Abroad.

Some overtime pay laws for these cities can be found below:

The Cheesecake Factory Overtime Pay Lawsuit News

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What are the Laws for The Cheesecake Factory Employee Overtime Pay?

Under the Fair Labor Standard Act (FLSA), many The Cheesecake Factory 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 “administrative” 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.

Are The Cheesecake Factory Employees Entitled to Overtime Pay?

Some The Cheesecake Factory employees are required to work double shifts, as well as additional time before and after their scheduled shift. As a result, many The Cheesecake Factory 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 a The Cheesecake Factory employee falls under the “administrative” or “professional” exemptions is determined based on job description, job duties, rate of pay, and the 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, The Cheesecake Factory location or shift managers may be classified as exempt by the company based on their “manager” title, when, in reality, their job duties reflect a non-exempt position.

Under the FLSA, workers classified as “managers” can be overtime exempt, but must perform certain duties vital to the businesses operations including hiring and firing subordinates, creating work schedules and setting employee pay. Companies often give titles like “manager” or “supervisor” to workers who do not perform necessary duties, as a means to avoid paying overtime and keep payroll down.

The Cheesecake Factory 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 The Cheesecake Factory.

Does The Cheesecake Factory Have to Pay Overtime Wages to its Employees?

In many cases, The Cheesecake Factory 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 The Cheesecake Factory 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 The Cheesecake Factory 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 The Cheesecake Factory Been Involved in Overtime Pay Lawsuits?

Over the past several years, current or former employees have brought a number of lawsuits against companies like The Cheesecake Factory in an effort to reclaim lost overtime wages. If you believe The Cheesecake Factory is denying you overtime wages, you could have a case similar to that of a previous lawsuit. Here are a few examples of such lawsuits:

  • An Akron, Ohio restaurant recently agreed to settlement terms with the Department of Labor to resolve claims that the company engaged in systematic wage theft against almost two-dozen workers over the course of several years. Under the resolution, defendant Azteca Restaurante Mexicano Inc. and its named owner will pay a total of $118,000 in back wages with interest and liquidated damages to 21 current and former employees as well as implement a computerized payroll system to prevent future instances of wage theft from occurring.
  • A group of former food-preppers for a Cincinnati-area dumpling restaurant recently filed a unpaid overtime lawsuit against their old boss alleging the defendant failed to pay them all their wages, including overtime and other income.

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