LAS VEGAS — The Mariana’s supermarket chain in Las Vegas, Nevada, is facing a potential class action overtime pay lawsuit in Nevada federal court. The lawsuit was filed by a former employee who claims that she was required to work off the clock without pay in violation of the Fair Labor Standards Act (FLSA). The former employee claims many others were subject to the intentional wage violations and is seeking back wages, unpaid overtime pay, and for the supermarket chain to correct the wage practices that violate the law.
Claim Against The Supermarket
According to Elvira Viridiana Gonzalez-Rodriguez, the former juice bar employee who filed the lawsuit, Anaya Enterprises, Anaya Decatur, Anaya Cheyenne, and Mariana’s Enterprises all participated in the alleged wage violations at their four Las Vegas locations. In her claim, Gonzalez-Rodriguez alleges that many employees over the years have come forward and complained about the wage practices, but the supermarket chain never addressed or corrected the situation. In fact, the lawsuit claims the supermarket chain intentionally violated the wage laws in order to avoid paying its employees all of the wages to which they were entitled.
Gonzalez-Rodriguez claims she regularly averaged about five hours of overtime work each week. However, she allegedly never received overtime pay or did not receive all of the overtime pay she had earned. In her lawsuit, she alleges the company would “either manually or automatically” manipulate the time clock to guarantee that the employees would appear to work close to, if not exactly, 40 hours each week. This ensured the employees received a full 40 hours of credit and pay for their work, but it also ensured that the employees would not receive any overtime credit or pay.
Off The Clock Work
If the employees at the Mariana’s supermarket chain did work more than 40 hours, the time clock manipulation would result in the employees working “off the clock.” Off the clock work violates the FLSA for a number of reasons. Off-the-clock work means the employees are not receiving credit for, nor do they have a record of, all of the hours they worked, which the law requires. It also means the employees are likely not receiving any compensation for the off-the-clock work. And it means that, if the employees’ off-the-clock work results in them working more than 40 hours in a workweek, they are likely not receiving the required one and a half times their regular rate for the additional hours they have worked.
If your employer requires you to begin working before you “clock in” or continue working after you have “clocked out” or you are required to work through your scheduled meal break, you are likely being required to work off the clock. Time is limited for filing wage and overtime complaints so it is important to call today! Our top-rated team of overtime pay lawyers can be reached at (855) 754-2795. Or complete our 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.