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In Baccollo v. Muy! Brands, LLC, et al<\/i>., a wage and hour case filed in the Southern District of New York, Plaintiff recently accepted Defendants\u2019 Offer of Judgment awarding Plaintiff $31,813.25.\u00a0 <\/span>This amount represents double the total amount of Plaintiff\u2019s claim under the Fair Labor Standards Act (\u201cFLSA\u201d) in addition to reasonable attorneys\u2019 fees, litigation expenses and costs of suit incurred by Plaintiff to later be determined by the Court. \u00a0<\/span>Plaintiff, a salaried employee referred to as an Assistant General Manager, alleged several wage violations, including that of unpaid overtime wages for all of the time that Plaintiff worked more than 40 hours per week.\u00a0 <\/span>Although Defendants employed Plaintiff as an Assistant General Manager at their Taco Bell restaurants (one in New Jersey and one in New York) and paid Plaintiff a weekly salary, Plaintiff alleged that his duties were that of a non-exempt employee, thus entitling him to overtime compensation under the FLSA.<\/p>\n Defendants\u2019 Offer of Judgment assumes Plaintiff\u2019s full period of employment with Defendants, as alleged in the Complaint, including Plaintiff\u2019s full 7-week training period.\u00a0 <\/span>Additionally, Defendants assume Plaintiff\u2019s maximum hours worked and use Plaintiff\u2019s weekly salary divided by 40 to determine his hourly wages and multiple that by 1.5 to arrive at his hourly overtime wages.\u00a0 <\/span>Defendants then doubled the total overtime compensation calculated for all overtime hours worked throughout Plaintiff\u2019s employment at both restaurants to account for statutory liquidated damages in accordance with 29 USC \u00a7216(b), arriving at the $31,813.25.<\/p>\n Wage and hour violations such as this are commonly found in the restaurant and fast food industry.\u00a0 <\/span>Whether you are paid a salary or are an hourly employee, you may be entitled to overtime pay.\u00a0 <\/span>Even if employer refers to your position as a manager or some other position normally exempt under the FLSA, you may still be entitled to overtime wages.\u00a0 <\/span>If you work or have worked for a restaurant or fast food company within the past 6 years, in any capacity, call the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 to schedule a free consultation to discuss your rights under the FLSA and New York Labor Law and find out if you too are entitled to unpaid wages.\u00a0 <\/span>We are currently seeking to represent other Taco Bell assistant managers.<\/p>\n","protected":false},"excerpt":{"rendered":" In Baccollo v. Muy! Brands, LLC, et al., a wage and hour case filed in the Southern District of New York, Plaintiff recently accepted Defendants\u2019 Offer of Judgment awarding Plaintiff $31,813.25.\u00a0 This amount represents double the total amount of Plaintiff\u2019s claim under the Fair Labor Standards Act (\u201cFLSA\u201d) in addition to reasonable attorneys\u2019 fees, litigation expenses and costs of suit incurred by Plaintiff to later be determined by the Court. \u00a0Plaintiff, a salaried employee referred to as an …<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":"","_links_to":"","_links_to_target":""},"categories":[23,1,22,27,21,28,34],"tags":[],"class_list":["post-550","post","type-post","status-publish","format-standard","hentry","category-class-action","category-employment-law","category-flsa-2","category-ny-labor-law","category-overtime-2","category-spread-of-hours","category-unpaid-wages-2"],"yoast_head":"\n