Judge denies KFC overtime back pay settlement
A U.S. District Judge recently ruled that a time and attendance lawsuit brought against a KFC franchise in Florida by a former assistant manager cannot be dismissed.
The lawsuit alleged that the plaintiff, Stephanie Klinger, had been incorrectly classified as exempt from overtime. Judge James D. Whittemore noted that although the defendant, Phil Mook, offered to pay the overtime accrued by Klinger for employee attendance of more than 40 hours per week, this did not address all of the demands put forth in the lawsuit. These included "an enforceable judgment, attorney's fees and costs."
"Judge Whittemore's ruling reinforces both the express provisions and the intent of the FLSA by ensuring that employers who violate the law are held fully accountable, and that employees can continue to enforce their rights in the courts when necessary," said Gregg Shavitz, the plaintiff's attorney.
In December 2009, a Peoria, Illinois-based KFC franchisee paid nearly $150,000 in overtime back wages to 57 current and former workers at 26 locations in Illinois, Iowa and Wisconsin after a similar Fair Labor Standards Act violation involving the misclassification of managers as exempt.
The lawsuit alleged that the plaintiff, Stephanie Klinger, had been incorrectly classified as exempt from overtime. Judge James D. Whittemore noted that although the defendant, Phil Mook, offered to pay the overtime accrued by Klinger for employee attendance of more than 40 hours per week, this did not address all of the demands put forth in the lawsuit. These included "an enforceable judgment, attorney's fees and costs."
"Judge Whittemore's ruling reinforces both the express provisions and the intent of the FLSA by ensuring that employers who violate the law are held fully accountable, and that employees can continue to enforce their rights in the courts when necessary," said Gregg Shavitz, the plaintiff's attorney.
In December 2009, a Peoria, Illinois-based KFC franchisee paid nearly $150,000 in overtime back wages to 57 current and former workers at 26 locations in Illinois, Iowa and Wisconsin after a similar Fair Labor Standards Act violation involving the misclassification of managers as exempt.
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