Managers for the fast-food chain, Red Robin, have recently settled claims of unpaid wages for nearly 3 million dollars. A class and collective action lawsuit was initially filed on behalf of kitchen managers of several Red Robin locations in New York back in August 2018 for allegations of misclassification for unpaid overtime under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). Affected workers include current and former assistant managers and kitchen managers in New York State with more than 500 workers benefiting from this settlement.
The lawsuit specifically alleged that managers at Red Robin locations in New York were completing significant amount of overtime eligible work. Managers performed the same primary job duties as other workers such as: preparing food, helping and serving customers, bussing tables, cleaning the restaurants, checking to make sure that supplies were properly shelved and checking inventory. However, the lawsuit claimed the burger chain failed to classify them as overtime eligible and were instead exempt from receiving overtime pay despite working way over 40 hours per week. Additionally, Red Robin allegedly failed to maintain accurate time records for managers.
Overtime eligibility is not always granted to workers who should be receiving it. Unfortunately, companies often save on labor costs by incorrectly classifying employees as overtime exempt. Managerial titles are often given as a guise but the required work is mainly labor intensive and should be entitled to overtime pay when working over 40 hours per work week. If you believe you have been wrongfully classified as overtime exempt, it may be a good idea to discuss your rights with an employment attorney. Our firm, Fitapelli & Schaffer, LLP, offers a free and confidential consultation to see if you may be owed any wages. Feel free to give us a call at (212)300-0375 or visit our website here for additional information.