PITTSBURGH — Two-former Golden Corral assistant managers recently filed an unpaid overtime lawsuit against the company, claiming the defendant owes potentially hundreds of current and former employees unpaid overtime wages. The claim, filed in federal District Court for the Western District of Pennsylvania, alleges that the defendant intentionally misclassified its assistant managers to suppress wages and keep payroll as low as possible for the sake of company profits.
According to the unpaid overtime lawsuit, the plaintiffs worked as either “kitchen associate managers”or “hospitality managers” and were paid a weekly salary, making them exempt under the Fair Labor Standards Act (FLSA). However, the plaintiffs accuse the defendant of misclassification, since these managerial positions do not involve duties required for overtime exemptions under the FLSA.
The plaintiffs claim that they frequently worked more than 40 hours per week performing duties like preparing food, serving customers, taking out garbage, and cleaning dishes, but were never paid one and a half times their regular rate of pay for overtime hours. Under the FLSA, salaried managers must perform duties related to the company’s business operations and exercise independent control over various aspects of running the location.
Examples of managerial duties expected under the FLSA include giving individuals the power to hire, fire, set pay rates, and set work schedules for subordinates. While many employers give workers titles like “manager’ or “supervisor,” these employees are managers in name only and should be paid an hourly wage, eligible for overtime wages.
Employees in Pennsylvania and Kentucky would be eligible to join the suit, if the judge overseeing the case grants the claim class action status. Because the claims allege violations of both state and federal law, statutes of limitations vary by jurisdiction.
Pennsylvania plaintiffs employed by Golden Corral after March 14, 2013 may attempt to join the suit while Kentucky plaintiffs employed after March 14, 2011 could potentially join the unpaid overtime lawsuit. Sometimes, it is more advantageous to bring claims under state laws since some jurisdictions offer more robust worker protections than federal laws like the FLSA.
Restaurant Manager Unpaid Overtime Lawsuit
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.