National restaurant chain argues against FLSA violation claim
A Fair Labor Standards Act suit filed by a former chef is being argued by the company that released him.
A national restaurant chain said the chef's allegations of required off-the-clock work, illegal tip sharing, lack of overtime compensation and corresponding complaints to management led to his dismissal didn't provide specific details, according to Law360. Because the suit doesn't name how, when or to whom the chef made his complaints, the business argued that there is not enough proof to continue.
The suit has been filed by one chef but is claiming class-action status for all chefs employed by the chain in the past three years. There is no definitive number of employees who would be paid damages if the suit is won, Law360 reported.
Because the suit does not specify that the chef ever worked more than 40 hours per week, the standard for overtime payments under the FLSA, the company believes the lack of overtime claim does not apply. Similarly, the business pointed to a lack of specifics in the former employee's claims on the unsuitability of the tip pool.
Employee management software helps provide necessary documentation on pay and hours worked for possible litigation and general record keeping requirements.
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