Dishwasher Files 2nd Wage Theft Lawsuit Against Restaurant Owner

Dishwasher Files Second Wage Theft Lawsuit Against South Bend Restaurant Owner

INDIANAPOLIS — A former employee for South Bend, Indiana-based restaurant Evil Czech recently filed an unpaid overtime lawsuit against the company over allegations that the owner failed to pay the plaintiff and other workers all due wages for the hours spent on the job. The claim is the second wage theft lawsuit filed against the defendant this month after a recent doctoral student from Notre Dame University alleged that management from the Evil Czech grossly underpaid him while undergoing training to become a server.

According to the complaint, filed in in U.S. District Court for the Northern District of Indiana, the defendant failed to pay the plaintiff overtime wages for a period of almost two years dating back to April 2015. The defendant allegedly used a variety of methods in an attempt to lower labor costs at the expense of hardworking employees at the restaurant.

The plaintiff alleges that the defendant’s scheme worked by classifying overtime hours under different job duties like cook, prep staff, or busser under the guise of only having to pay overtime when workers spent more than 40 hours in a week performing a single job duty. However, the Fair Labor Standards Act (FLSA) is clear that workers must be paid one and a half times their regular hourly rate of pay for all overtime hours worked for a single employer, regardless of location or duties.

Sadly, these types of schemes are all too common in the restaurant industry as employers rely on the ignorance or trust of the workers. While many employers assert that overtime pay laws are complex, the truth is paying employees their fair wages is a matter of strict liability to the company.

The complaint seeks to recover several types of damages for the plaintiff including compensation for back wages with interest, liquidated damages equal to back pay, attorneys fees, court costs, and any other award the court may see fit to dispense. The lawsuit seeks class action status so that any other similarly affected employees may join with the named plaintiff to recover all their stolen wages together.

Restaurant Worker Unpaid Overtime Lawsuit

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