Ky. locations of national sandwich restaurant cited for FLSA violations

Several Lexington, Ky. locations of a national sandwich chain employed workers who had entered the country without legal permission and failed to pay them overtime.

The employees, who were Indian nationals, worked from 10 to 12 hours per day without the benefit of time and one-half compensation for overtime hours.

The couple who employed the workers were charged with knowingly and willingly harboring Indians who had immigrated without legal visas, according to the Kentucky Herald-Leader. The employers also immigrated from India in 2006 and have been in the U.S. nearly long enough to apply for citizenship.

In addition to failing to provide overtime pay, the proprietors did not withhold federal taxes for the workers. Instead, employees were paid monthly through handwritten checks.

An investigation into the labor practices at restaurants run by the couple was launched after a witness claimed individuals were being coerced to work at the locations. One of the workers said he owed his employers $97,000 for transporting him from India to the U.S.

The attorney representing the couple said they were only trying to help fellow Indian nationals. Meanwhile, the plaintiff's attorney described the employers as criminals who deliberately took advantage of their employees.

Supervisors can prevent breaking the law by maintaining proper wage records with attendance software.


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