Attorneys James T. Carey and P. Zachary Stewart

Pursuing your Claims. Protecting your Rights.

Restaurant owner accused of overtime and wage issues

On Behalf of | Jan 14, 2020 | Overtime And Wage Issues

Some West Virginia business owners are fortunate to have more than one operation. For example, a retail store may have several locations in various parts of the state, or a restaurant owner may offer a variety of dining experiences on opposite ends of town. When an employer uses the same employees in different locations, it is important for the employees to be alert for overtime and wage issues.

Employees noticed missing wages

Employees for a restaurant owner in another state claim to have noticed something was not right with their paychecks. The restaurant owner ran two eateries, one for fine dining and the other with a café atmosphere. Apparently, he would coordinate his employees’ schedules so that they would work some shifts throughout the week in each of the two locations. However, the owner calculated the employees’ hours for each restaurant separately instead of tallying the cumulative time they worked for him. In this way, he avoided paying them overtime.

While the employer claims he did not realize he should have paid the employees based on their cumulative shifts, the U.S. Department of Labor also fined the restaurant owner for not displaying in either restaurant the mandatory poster explaining minimum wage law. The federal government requires the conspicuous display of this information so employees understand their rights.

Workers could be missing pay

By not getting credit for the number of hours one works, it is possible that an employee may lose a considerable amount of overtime pay. An employee who is confused about the overtime and wage issues he or she is facing may have many questions. A West Virginia attorney can provide answers and guidance for the most appropriate steps an employee can take in his or her unique situation.