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Kitchen workers accuse a sports chain of not getting overtime pay

According to state and federal employment laws, workers who have managerial and supervisory roles can be exempt from overtime in most cases. Those who have the title of a manager or supervisor, but do not have authoritative duties as the primary function, should still receive overtime pay. Some companies in California and elsewhere may try to blur the lines between the two in an attempt to get out of paying overtime.

A chain of sports bars in another state is being accused of not paying overtime to its kitchen staff. The class action complaint currently has 26 participants who were kitchen managers and cooks. The accusations of not paying overtime go back at least three years.

The kitchen staff allegedly worked close to 60 hours per week but were never paid overtime. According to the complaint, the primary functions of the affected workers were not managerial duties, and they did not have any responsibilities for any of the daily operations. The first plaintiff was a kitchen manager, who was then joined by a former cook, both of which were paid a salary; they claim they are owed overtime.

The company denies the allegations and says that it paid the workers in accordance with the law. Representation for both sides have been discussing possibly settling this situation out of court. Employers in California who work hours that would be considered overtime and do not receive their overtime pay should take the issue up with their employers. If the situation is not rectified, the workers may choose to go ahead with filing a claim to in an attempt to receive the money they believe to be owed.

Source: rgj.com, "26 accusers in suit against Bully's taverns", Scott Sonner, May 4, 2015

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