PROVIDENCE, R.I. — A popular downtown Providence, Rhode Island deli is currently facing a second wage and overtime pay lawsuit in federal court. The Gourmet Heaven Deli is alleged to have underpaid its employees and denied them the overtime wages to which they were entitled. These actions allegedly violated the Fair Labor Standards Act (FLSA) and state labor laws. As such, the employees are seeking back wages and the denied overtime pay they believe they earned.
Deli Worker Claims
Three former employees of Gourmet Heaven LLC filed the recent lawsuit against the company, its owner, Chung Cho, and RI Gourmet Heaven Inc. A couple of the former employees also filed a complaint with the Rhode Island Department of Labor and Training in December 2014. The Department has since launched its own investigation into the potential violation of state and federal minimum wage laws.
The former employees claim they were underpaid, or did not receive at least minimum wage for the hours they worked, while working at two of the deli’s Rhode Island locations. According to their claim, the three former employees would regularly work up to 72 hours each week. However, the employees would only receive between $350 and $400 each week. Based on these hours and wages, the three employees received between $4.86 and $5.56 an hour, significantly less than federal minimum wage of $7.25.They also did not receive any overtime pay for the hours that they worked beyond the 40-hour workweek established under the FLSA.
The employees claim the violations occurred between at least July 2011 and June 2014, the timeframe during which they were working for the deli. Allegedly near the end of the violation timeframe, one of the three former employees would receive payroll of slightly more than federal minimum wage for the first 40 hours he worked and cash at slightly less than the required time and a half for overtime. This dual system of payment, unless it is associated with tipping, is likely to raise concerns about employees not receiving credit for all of the hours worked each week.
Recording Hours Worked
In many alleged overtime pay violations, an employer has failed to either maintain accurate records of the hours an employee worked or the employer caused or allowed an employee to improperly record the hours they worked. The records of what hours an employee works is important for the employee and the employer to verify that the employee received credit for all of the hours worked as well as to verify that the employee is receiving proper wages based on the hours worked.
If your employer does not provide you with accurate or complete wage statements or is not crediting you for all of the hours you have worked, you may have been subject to minimum wage or overtime pay violations. Contact our top-rated team of overtime pay lawyers today at (855) 754-2795. Or complete the Free Unpaid Overtime Case Review form and our experienced legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.