Employee Files IHOP Lawsuit Against Popular Breakfast Chain

A plaintiff recently filed an IHOP lawsuit against his former employer for violations of federal and state wage and hour laws, including the Fair Labor Standards Act.

According to the IHOP lawsuit, the plaintiff, Bo L., is a resident of the state of Massachusetts. According to the lawsuit, Bo was employed at IHOP from 1996 until 2017. The IHOP lawsuit claims that his employer refused to pay Bo overtime although he often worked in excess of forty hours per week. Bo alleges that he “regularly worked an average of 61-68 hours per week.”

The lawsuit notes that while Bo was initially paid as an hourly employee, he later became salaried.  Then in August of 2006, without notice, Bo’s pay was switched from salary back to hourly.  Bo claims that after he received an hourly paycheck he was informed that his employer no longer wished to pay him a salaried rate.

Although Bo notes that he was paid for some of his overtime hours, Bo claims he was not compensated for all the overtime hours worked. The IHOP lawsuit states that “the total amount which he did receive for his overtime hours during this period was less than the total amount of one and one-half times his hourly rate per overtime hour worked.”

Allegations against the defendant include violations of the Fair Labor Standards Act, or FLSA, and claims of unjust enrichment. Bo currently seeks a trial by jury.

Fair Labor Standards Act Protections

According to the Department of Labor, it is estimated that 70% of all employers violate the Fair and Labor Standards Act. The FLSA was enacted to protect workers by establishing:

• a minimum wage;
• overtime pay;
• recordkeeping; and
• child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.”

Some common violations include off-the-clock work, unpaid on-duty meal and rest breaks, improper calculation of the regular rate, improper deductions from salaried employees, illegal tipping practices, failure to pay minimum wage, and failure to pay overtime.

Although the FLSA does protect and establish basic minimum wage requirements and overtime pay, it does not regulate vacation pay, holiday pay, sick pay, pay raises, discharge notices, or reasons for discharge. The FLSA also does not “limit the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old.”

Employees who feel their employment rights have been violated may be able to seek legal recourse against their employer.  A court may require an employer who found guilty of violating the FLSA to provide the employee with monetary compensation.  Labor law attorneys can assist employees with determining if bringing a lawsuit is right for them based on a person’s individual facts and circumstances.

The IHOP Lawsuit is Case No. 1:17-cv-12110, in the U.S. District Court for the District of Massachusetts.

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