CLEVELAND — Three former employees for an Ohio-based 24-hour diner recently filed an unpaid overtime lawsuit against their former company alleging a variety of wage and labor law violations for which they seek compensation. The issues alleged in this lawsuit are some of the most common when it comes to wage theft across the country, particularly in the restaurant industry where the need to keep costs low often manifests itself in malicious behavior by employers.
Under Ohio wage laws, tip earning employees like the plaintiffs in this case must be paid at least $4.05 per hour and their total wages earned including tips must be greater than the state minimum wage of $8.10. If tipped employees do not earn at least the minimum wage, the employer must pay the difference to the employee to ensure he or she makes at least minimum wage.
The plaintiffs in this case allege their employer, Buck’s 24-Hour Diner, did not pay them minimum hourly wages for tipped employees and withheld overtime, as well. Furthermore, the plaintiffs allege the defendant did not deduct taxes, Social Security, or Medicare from their weekly pay which possibly caused them serious issues during tax time.
One of the more serious allegations by the plaintiff claims the defendant did not keep a fair and accurate record of all the hours worked by the employees a the restaurant. Under state and federal labor laws, employers must provide workers with a clear record of their hours worked and wages earned per pay period.
While some wage theft victims may believe the lack of payroll records may only complicate litigation, sometimes an experienced attorney can use that as evidence the defendant intentionally violated labor laws. When employers try to pay their employees less and minimum wage or withhold overtime, courts may expand the statute of limitations to allow workers to collect additional lost wages.
Furthermore, unpaid overtime lawsuits can recover additional liquidated damages which may sometimes be equal to the back wages, attorney’s fees, and other relief the court may see fit to award plaintiffs.
Restaurant Wage Theft Lawsuits
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.