A former employee recently brought a class action lawsuit against Wendy’s for violations of the Fair Labor Standards Act (FLSA). The lawsuit, filed on behalf of all service technicians, alleges that the technicians routinely reported fewer hours than they actually worked, and seeks compensation for unpaid work hours worked and overtime hours from December 2011 to the present.
Under the FLSA, employees must be paid at least the federal minimum wage for all “hours worked,” whether clocked in or not. All covered employees must be paid overtime for all hours worked in excess of forty (40) in one workweek. With the exception of higher management or other exempt positions in the fast food chain, Wendy’s must pay employees who work over 40 hours at week overtime at a rate of one-and-one-half times their regular rate of pay. Employers may be required to pay unpaid minimum wage, unpaid overtime compensation, or liquidated damages as a consequence of violating the FLSA.Source: Former employee files FLSA class action against Wendy’s, Dec. 18, 2014