Friendly's Servers Seek Unpaid Wages

Tuesday, May 24 - 2016

On February 11, 2015, Stephan Zouras filed a class and collective action complaint on behalf of current and former Friendly's Servers.  Plaintiffs allege that Friendly's and its franchisees, owners of roughly 300 restaurants from Maine to Florida, violated federal and state law by knowingly requiring its Servers to work “off-the-clock” during unpaid meal breaks and after their scheduled shifts without properly tracking this work or paying any wages for it.  In addition, Plaintiffs claim that Friendly's Servers spent more than 20% of their work time each week on non-tipped tasks for which they were paid the tipped minimum wage.  On May 11, 2016 the Court denied the motions to dismiss Plaintiffs' claims filed by both Friendly's and one of its franchisees.  Plaintiffs are seeking to recover unpaid wages and other damages.  
 
All too often, employers try to take advantage of their employees by not properly compensating them for time worked in violation of federal and state law. The Fair Labor Standards Act (FLSA) requires employers to pay employees 1 1/2 times their regular rate of pay for all hours worked over 40 each workweek unless they are properly classified as "exempt."  The law requires the employer to satisfy very strict requirements to properly classify an employee as an exempt professional, executive, administrator, intern or some other recognized category of exemption. 
 
The FLSA also requires employers to keep accurate time records of all employees. Some employers try to skirt the law by paying only for "scheduled" time worked or paying based on an estimated or otherwise inaccurate time.  An employer’s failure to make and maintain accurate time records and paying for all time worked can have serious consequences.  In such cases, employees are eligible to seek damages in addition to all unpaid wages including double (or "liquidated") damages, back interest, attorney's fees and costs.
 
PRESS - Mass Live
 
PRESS - The Legal Intelligencer

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