A minimum wage violation lawsuit brought on behalf of 5,500 employees against Applebee’s restaurant will proceed to trial. Pursuant to the Fair Labor Standards Act (FLSA) lawsuit, Applebee’s employees are seeking back wages for thousands of employees who were paid less than minimum wage.
The FLSA impacts nearly every employee who works for a wage in the United States and provides that workers must be paid minimum wage (the federal minimum wage provision is $7.25/hour, in some states it is higher) and all non-exempt employees must be paid overtime at a rate of one and one-half times their regular rate of pay for all hours worked in excess of 40 hours in any work week.
If you have questions concerning your pay or believe that you have not received the minimum wage or overtime pay you are entitled to, it is important to speak to an experienced Atlanta wage and hour attorney who can review your situation and provide critical advice.
Many times issues arise when a business that employs many “tipped
employees” erroneously pays other workers who only perform a portion
of their work as “tipped” at the lower rate. In the Applebee’s
situation, non-waiter workers claim that they were paid $2.13/hour, rather
than the $7.50 they were entitled to. The non-waiter workers spent more
than 20% of their time engaged in activities other than serving customers
that were “non-tipped,” such as washing dishes and cleaning
the restaurant. Generally, when a worker spends more than 20% of their
time doing non-tipped work, they are entitled to receive standard minimum wage.
Earlier this week the United States Supreme Court refused to hear Applebee’s appeal from lower court decision, allowing the case to proceed to trial on behalf of the employees. The trial will take place later this year.
For more information about this case, or if you believe you have not received all of the pay you deserve, contact a knowledgeable Georgia wage and hour attorney Buckley Beal LLP, LLC for a confidential case evaluation.