Rob Carty Published in Today's Restaurant News
07/05/2006
In a two-part series (May and June) that was published in the Texas edition of Today's Restaurant News, Rob addressed what the Fair Labor Standards Act (FLSA) covers and why food service employers need to be aware of its mandate to regulate child labor, minimum wages, and overtime. In their article, they pointed out that the federal district court for the Southern District of Texas has seen a 500% increase in Fair Labor Standards Act cases between 2001 and 2005. Common defendants include restaurant owners, apartment complexes, hair salons, and debt collection agencies. Many of these cases are being filed as "collective actions." The classes may involve many workers at one facility, in an entire city, across the State of Texas, or even across the United States. Most of these plaintiffs claim they are not being paid overtime wages, but that is not the only type of lawsuit being filed in the Southern District. The regulations that govern overtime pay have been known to mystify even the Labor Department’s own investigators. Not surprisingly, many employers have innocently run afoul of these often-confusing rules and Rob provide guidance to employers on common FLSA violations and how to avoid them.
