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Poor payroll records lead to an unpaid overtime and wages suit

In order to account for all of the time employees work, they are typically required to punch a clock or the company must have some other method of timekeeping in place. Hourly workers should not be offered a flat rate which does not take into account the actual number of hours they work, including those that would be considered overtime.  It is illegal for employers in Florida and elsewhere to not keep accurate time records, which could result in unpaid overtime and lost wages.

A group of restaurant workers in another state claim they were subjected to wage theft because their employer did not keep accurate payroll records. According to the complaint, the workers were not paid hourly. Allegedly, the workers were instead given a flat rate of anywhere between $400 to $600 each week. They say they were working 65 to 72 hours each week. Reportedly, they were not given any additional compensation for their overtime hours.

According to the Fair Labor Standards Act, employees who work more than 40 hours should be compensated at one and one-half times their standard hourly rate. The plaintiffs claim the company was in violation of the FLSA. A federal judge approved the complaint to allow other similarly affected past and current eligible workers to join the lawsuit.

Upon inspection of the records, the company apparently did not keep accurate timekeeping documentation. The company denies the accusations that it did not compensate its workers correctly. The plaintiffs seek payment all of the lost wages and unpaid overtime as well as twice the amount of damages. Similarly situated Florida workers who find discrepancies in their pay checks and are not provided a satisfactory resolution may investigate the possibility of pursuing civil claims seeking a monetary judgment for that which they believe to be owed.

Source:, "Grand King Buffet workers can join collective lawsuit over pay, overtime, judge says", John Agar, March 27, 2015

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