Subway franchisee faces time and attendance lawsuit

A franchisee for restaurant chain Subway was recently sued by the United States Department of Labor for alleged violations of federal time and attendance legislation.

Tammy and Joseph Hray, owners of Hray Enterprises, operate five Subway locations in Trumbull County, Ohio. They are accused of contravening Fair Labor Standards Act requirements pertaining to child labor, minimum wage and overtime employee attendance.

The suit seeks the recovery of back wages for 68 current and former employees of the Hrays, in addition to child labor penalties for allowing minors to perform hazardous duties - specifically, five underage workers were required to load and operate paper balers and a trash compactor on a regular basis.

"This case was particularly troubling since this employer has been found in violation of federal law in the past," said George Victory, director of the Wage and Hour Division's Columbus District Office.

In 2005, the Labor Department fined Hray Enterprises $4,620 for child labor violations and ordered the franchisee to pay $1,463 in back wages to 10 workers. 

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