A new class action overtime pay lawsuit has been filed against the company that operates the International House of Pancakes (IHOP) in Rockwall, Texas. The initiating plaintiff, Ricardo N., hopes to represent a Class of at least 180 current and former employees of Ritran Inc., raising allegations that the company failed to pay them overtime at one and one-half times the base hourly rate and pressured them to work off the clock.
The proposed class action overtime pay lawsuit was filed in U.S. District Court for the Northern District of Texas, Dallas Division, on May 22, 2018. The Rockwall IHOP is located a few miles northeast of Dallas, and its managing entity stands accused of multiple violations of the Fair Labor Standards Act (FLSA).
What is the FLSA?
The FLSA was passed into law in 1938 and set standards for today’s workplace. Among those standards are the right to be paid a basic minimum wage and the right to be paid at one and one-half times the base hourly wage for any hours worked over and above 40 in a given seven-day period.
The FLSA also requires employers to keep good records of employees work hours and prohibits the employment of children under age 18 in oppressive work environments.
The IHOP Overtime Pay Lawsuit
The Rockwell IHOP overtime pay lawsuit accuses Ritran Inc. of manipulating records of hours worked for employees of the restaurant. According to Law360, the lawsuit alleges the defendant routinely erased part of the record of hours worked for employees to keep their seven-day total under 40 hours.
Additionally, the defendant purportedly asked shift workers to clock out at certain times yet remain available for work assignments as needed.
Plaintiff Ricardo noted several stipulations of the FLSA. According to his complaint, the FLSA has established a federal minimum wage of $7.25 per hour which can be marked down when it comes to employees that are subject to receiving over $30 in tips per month to $5.12 per hour.
Ricardo claims that Rockwell IHOP employees were routinely denied their rightful minimum wage by the defendant’s habit of deleting worked hours from the record and paying on the basis of the record only.
He says this usually occurred if the worker was at or near 40 hours and was in danger of moving into overtime status. Additionally, Ricardo’s proposed class action overtime pay lawsuit also accuses Ritran Inc. of failing to compensate employees for tips left by customers who paid with a credit card.
Ricardo hopes to represent a Class of current and former employees of the Rockwell IHOP retroactive three years from the day of filing and get the court to return to them all back wages including minimum wage, overtime rate for all hours worked in actuality and earned tips.
He and the class are hopeful that the jury will award these as well as damages that include the costs of pursuing litigation.
The IHOP Overtime Pay Lawsuit is Case No. 3:18-cv-01303-K in U.S. District Court for the Northern District of Texas, Dallas Division.
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One thought on IHOP Overtime Pay Lawsuit Alleges Violations of FLSA
Ricardo is a back stabbing hateful liar. He was being helped upon his request. His actions show how sorry and low he is and everyone else that participated.