DETROIT — A group of Detroit area fast food workers recently scored a significant victory after a Michigan federal judge agreed to conditionally certify class action status to plaintiffs in an unpaid overtime lawsuit against Sundance Incorporated, which owns approximately 150 Taco Bell franchises across the country. The move allows hourly wage earning employees employed at the defendant’s franchises for the past three years to tentatively join the claim to recover their own unpaid wages, including overtime wages.
A group of four plaintiffs originally filed the unpaid overtime lawsuit in U.S. District Court in the Eastern District of Michigan alleging various forms of wage theft, an especially egregious crime against hardworking men and women struggling to make a living. The plaintiffs’ lawsuit seeks back pay with interest, including unpaid overtime, liquidated damages equal to lost wages, attorney’s fees, and any other damages the court may see fit to award as compensation.
According to the lawsuit, the defendants failed to the plaintiffs for all regular wages and overtime by instructing workers to clock out and to continue to remain on the job. Additionally, the defendants allegedly engaged in “hours shifting” by moving hours from one week to the next to avoid paying overtime for these payroll hours. The defendants allegedly kept a score board in the franchise offices to keep track of the hours shifting.
The unpaid overtime lawsuit goes on to claim some hours even had their hours capped at 80 hours over a two-week pay period with no hours shifting or overtime paid out. The allegations, if true, are a direct violation of the federal Fair Labor Standards Act (FLSA) which sets national standards on wage and labor practices.
Under the FLSA, hourly wage earners must be paid one and a half times their regular hourly wage when they work above the 40-hour weekly overtime threshold. The case is another classic example of the lengths many unscrupulous employers may go to avoid paying workers all their due wages.
Fast Food Worker 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.