New Jersey Five Guys locations have been sued by former employees for overtime violations under the Fair Labor Standards Act (“FLSA”) and the New Jersey State Wage and Hour Law (“NJWHL”). The lawsuit alleges that workers were only being compensated for forty hours per week, without being compensated for the hours worked off the clock over forty in a workweek in violation of the FLSA and NJWHL.
The workers performed non-exempt restaurant labor duties for Five Guys, such as, serving customers, working the cash register, cleaning the grills, bussing tables, and all of the other duties necessary to run a restaurant. Thus, the workers were entitled to receive overtime compensation for all hours worked above forty in a workweek. The lawsuit also allege workers were required to work approximately one hour off the clock each day, for which they were not compensated at all.
Attorneys for the workers are seeking compensation for all hours due to them, overtime hours due to them for the hours worked for which they have not been properly compensated, liquidated damages, and reasonable attorneys’ fees.