Restaurant franchisee in Texas faces FLSA lawsuit

The franchise owner of several well known retail food businesses in San Antonio, Texas is being taken to court by five ex-employees over allegations of Fair Labor Standards Act and Texas Labor Law violations, according to LawyersAndSettlements. The plaintiffs allege time and attendance violations regarding back pay. The franchise owner allowed employees to work overtime, but did not properly compensate them for it.

According to the FLSA, employees who work more than 40 hours in a workweek and who don't have job duties classifying them under exempt status must be paid overtime for all work performed above the standard. The plaintiffs are looking to have this complaint turned into class-action litigation as these actions are said to affect at least 125 employees who either worked for the franchisee or are currently employed there.

The suit was filed in February of this year and the defendant states that he was unaware of the filing and denies any culpability.

"This obviously never happened. We would never do this," the defendant told the San Antonio Express-News. "My success in this industry only happens through the hard work of my employees and keeping them happy."


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