Former Golf Club Kitchen Staff Member Files Class Action Unpaid Overtime Lawsuit

Former Golf Club Kitchen Staff Member Files Class Action Unpaid Overtime Lawsuit

BOSTON — A former kitchen staff worker for a Massachusetts golf club recently filed a proposed class action unpaid overtime lawsuit alleging the defendant failed to pay her and potentially dozens of other employees for all their hard-earned wages. The lawsuit, filed in U.S. District Court for the District of Massachusetts, alleges violations of the Fair Labor Standards Act (FLSA) and Massachusetts state labor and wage laws.

According to the unpaid overtime lawsuit, the plaintiff worked as a cook at the Cafe at Farm Neck from May of 2016 to September of 2016 and did not receive all of her due wages, including minimum wage and overtime pay. Additionally, the claim asserts that there are perhaps five subgroups of potential class members who also did not receive all their earnings.

The complaint states that the “plaintiff was subject to defendants’ common practices, policies or plans including failing to pay at least minimum wage for all regular hours worked, failing to pay at least one and one-half times the regular rate of pay for hours worked in excess of 40 hours per week, failing to compensate plaintiff and class members for hours worked off the clock and failing to keep accurate time and payroll records in violation of the FLSA … In addition to failing to compensate plaintiff for regular and overtime hours, defendants directed plaintiff to work off the clock and/or without documentation, in order to avoid paying plaintiff proper compensation for such hours.”

According to reports, the defendant intends to fight the claim, arguing the golf course’s employees were exempt workers under FLSA provisions that have traditionally applied to seasonal or temporary business like amusement parks. Section 13(a)(3) of the FLSA holds companies may pay workers less than minimum wage if “it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than 33⅓ per centum of its average receipts for the other six months of such year.”

Restaurant Worker Unpaid Overtime Lawsuit

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