LAS VEGAS — A group of 15 former cooks for a northern Nevada chain of sports bars recently settled a class action unpaid overtime lawsuit with the defendant for a sum of $375,000 over allegations their employer violated federal wage laws and owed them back pay. The settlement is an important development in the suit which include almost a dozen other plaintiffs whose claims remain unsettled and poised for trial in the coming months.
The suit began in January 2015 when about two-dozen employees accused the defendant, Bully’s Sports Bar & Grill, of intentionally misclassifying them as salaried employees to avoid paying overtime when they worked more than 40 hours per week. The plaintiffs claim they were improperly classified as “executives” despite not fulfilling any of the federal salary requirements to be overtime exempt.
Supervisors and managers for the defendant were also classified as salaried executives. Those particular plaintiffs still have ongoing claims against the defendant arguing the mere fact they supervised other workers does not constitute the basis for overtime exemption under federal wage laws.
Federal Salary Pay Laws
Misclassifying employees as overtime exempt and paying them salaries instead of hourly wages is one of the most common tactics any employer in any job field will use to suppress worker pay and payroll. Many workers assume their employer will comply with wage and labor laws and that if the company engages in a certain type of employment practice, it must be legal.
The truth however, is that while many employers are well aware of the law they also understand their employees may know very little. For instance, many companies designate their supervisors as managers and ask them to perform task more closely related to regular team members than that of an actual manager.
Supervision is just one of many job aspects a manager may perform to meet federal salary pay guidelines but should include other tasks including hiring and firing, setting subordinate pay, and drafting work schedules. Simply being called a “manager” is not enough to satisfy these requirements under the law.
Salaried Restaurant Worker Overtime Pay Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you 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.