Do Denny’s Restaurants Alter Servers’ Time Records to Avoid Paying Overtime?
A new class action lawsuit accuses two Maryland Denny’s restaurants of doctoring employees’ time cards, reducing their reported hours to circumvent state and federal overtime laws.
In Shavers vs. Gills Eldersburg, Inc., the lead plaintiff alleges that she and other hourly employees regularly put in more than 40 hours per week, a threshold for overtime pay. They claim that managers at the restaurant adjusted their time records to make it appear the workers worked fewer than 40 hours per week, a violation of the federal Fair Labor Standards Act and state labor statutes.
The food servers are supposed to earn $3.63 per hour plus tips to meet minimum wage requirements, but the defendants’ alleged alteration of the workers’ reported time pushes their earnings below minimum wage.
Wage theft in the restaurant industry is a serious concern and an alarming trend that the attorneys in Sommers Schwartz’s Wage & Hour Litigation Group continue to monitor. We are currently investigating allegations into unlawful wage and overtime practices at additional Denny’s locations as well as other restaurant employers, and would appreciate anyone with information to please contact us today.