IHOP, Applebee’s Owner Faces Race Discrimination, Wage and Hour Class Action

The owner of both IHOP and Applebee’s chain restaurants has been hit with a wage and hour class action lawsuit that claims employee misclassification, failure to pay proper overtime wages, as well as allegations of racial discrimination.

The wage and hour class action lawsuit was filed by plaintiff Jewel Gardner, a former paralegal for DineEquity Inc. Gardner claims that the company misclassified her as an exempt employee to avoid paying her proper overtime compensation.

She also alleges that the company racially discriminated against employees by pitting African-American employees against each other, as well as holding them to separate standards than other non-African-American workers were held to.

According to Gardner, her title of manager of franchise compliance was given to her in order to avoid paying her proper overtime wages. Her supposed management position, she claims, was in title alone – though she was called a manager, she was not given hiring or firing authority, and could not make other personnel decisions.

According to the wage and hour class action lawsuit, “Despite the fancy title, Gardner remained a paralegal whose duties were to make certain that new and existing franchises complied with franchise law in the jurisdictions in which the company maintained franchise restaurants.”

Gardner also alleges that DineEquity expected a higher level of work from its African-American employees than from other employees.

African-American employees were “the subject of discrimination by those who resented having to correct the errors that were discovered by Gardner and other African-American employees,” said the lawsuit.

Gardner was allegedly fired from her position with DineEquity in February 2015 because of an incident when she spoke out against unfair treatment by a coworker.

Before Gardner was fired, she had worked for DineEquity and IHOP for over 22 years. Her job as a paralegal had her working on issues pertaining to whether or not franchises were following relevant laws.

The wage and hour class action lawsuit was filed on behalf of both current and former employees of DineEquity who were misclassified in order for the company to avoid compensation for overtime hours. The lawsuit was also filed on behalf of those who have dealt with alleged racial discrimination and violations of wage and hour laws.

Filing a California Wage and Hour Class Action Lawsuit

In California, there are penalties for failure to meet wage and hour laws, such as underpayment or unpaid wages, misclassification of employees to avoid overtime payments, paying wages with insufficient funds, failure to provide meal or rest breaks, failure to provide one day’s rest in seven, and failure to pay wages timely upon termination.

If you or someone you know has worked for an employer in California that failed to follow California wage and hour laws, including overtime labor and discrimination laws, you may be able to join or file a wage and hour class action lawsuit.

The Applebee’s and IHOP Wage and Hour Class Action Lawsuit is Jewel Gardner v. DineEquity Inc., Case No. BC610815, in California Superior Court, County of Los Angeles, Central District.

Join a Free California Overtime, Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.

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