ORLANDO, Fla. — A Florida grocery store chain recently agreed to a settlement with the U.S. Department of Labor to resolve claims that the company violated several provisions of federal labor and wage laws, including failure to pay overtime to several employees.
As part of the settlement, Winter Garden-based JJB Food Corp. will pay a combined $15,264 in back wages and damages to 13 current and former employees and an additional $1,308 civil penalty for child labor violations.
An investigation by the Labor Department’s Wage and Hour Division determined that JJB Food, doing business as Bravo’s Supermarket, violated the Fair Labor Standards Act (FLSA) when it failed to pay workers their premium overtime pay.
Under the FLSA, companies must pay their workers at least one and a half time the individual’s average hourly wage for the time they spend working above the national 40-hour overtime threshold.
“We encourage all employers to review their pay practices and contact the Wage and Hour Division for compliance assistance. Doing so can help ensure all employees are paid properly and that all employers operate on a level playing field,” said Daniel White, Wage and Hour Division District Director in Jacksonville.
The overtime pay violations occurred when JJG foods made automatic 20-minute lunch break deductions to employees working as assistant managers who had been improperly classified as “overtime exempt.” Furthermore, JJB Food Corp violated the FLSA when it failed to pay minimum wages to some of its workers after it made automatic deductions for cash register shortages.
Under the FLSA, only certain types of workers may be classified as overtime exempt and paid a flat salary with no overtime, regardless of how many hours the individual works during the week.
Often times, workers are misclassified as “assistant managers’’ but do not perform duties consistent with overtime exempt managers. Those responsibilities include the ability to hire, discipline, and fire workers, set pay rates, supervise employees, and create work schedules for subordinates.
Grocery Store Worker Unpaid Overtime Lawsuit
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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.