Have a Burger and a Side of Wage Theft

It’s bad enough that a worker at Cheeburger Cheeburger in New Jersey wasn’t paid the legally required time-and-a-half for the overtime hours she worked, but insult was added to her compensation injury when another worker sexually harassed her and her employer did nothing.

Irma Munoz de Gonzalez sued Phoenix Management Holdings, the franchising outfit that runs all three Cheeburger stores, for violating New Jersey wage and hour laws. She was paid $7.50 per hour when she began working at Cheeburger in August 2012, then got a raise to $8.25 per hour in December 2012. She worked at two of the restaurant’s locations through last July, but claimed she never received overtime pay for weekly periods in which she worked more than 40 hours.

“They tried to evade their obligations under federal and state laws by paying her [a] salary, and that’s just bogus,” her lawyer said.  “She was hired at an hourly rate, washing dishes, cutting salads. She was not a manager, administrator and not entitled to avoid the overtime rate of pay by calling it a salary.”

It’s illegal to escape overtime pay provisions by giving a nonexempt employee a salary instead of tracking hours.

De Gonzalez was paid by check for the first 40 hours of work, and the remainder in cash. That’s also a violation, because the company failed to provide her accurate statements showing hours worked, deductions, rates of pay and gross and net pay figures. She also complained to her bosses that her co-workers “created a hostile work environment,” which is why she eventually quit.

One time, she claims, a male co-worker placed a hot spatula against her arm because she refused his sexual advances. She also claims that twice she was injured on the job and didn’t get workers compensation benefits to which she was entitled.

Read the whole story on NJ.com.

 

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