A cashier who claims she was denied compensation for “off the clock” work and overtime at a Boynton Beach Burger King restaurant, filed a class action lawsuit in the United States District Court for the Southern District of Florida, seeking to recover unpaid minimum and overtime wages under the wage-and-hour and anti-retaliation provisions of the Fair Labor Standards Act (“FLSA”) and Florida law.
According to the lawsuit, the cashier worked as a “Team Member” and, under Burger King policy, was prohibited from “performing any work while not clocked in.” However, the restaurant management’s common practice was to require the cashier and other employees to clock-out at the end of their shifts, and remain on the premises performing other tasks for which they were not paid. The lawsuit claims the cashier worked straight time without being compensated at the minimum wage rate and to have worked over 40 hours per week without being compensated the mandatory time-and-a-half pay for overtime work. Moreover, the employees were not allowed to take breaks or have meals, despite Burger King’s policy of providing “time outs for breaks and meals.”
The lawsuit further alleges that when the cashier objected to the restaurant’s policy and practices and informed management that it is illegal to require employees to work off the clock, she was sent home early with a warning that if she could not perform the job she should find a new one. The cashier also complained to Burger King Human Resources. Although the restaurant’s General Manager and Human Resources acknowledged improper pay practices, the violations continued, and the cashier’s employment was terminated in retaliation for her complaints.