A former Subway employee has filed a lawsuit in Washington D.C. against his former employer for unpaid overtime wages. Erwin Zambrano Moya claims that his employer created fictional workers and put some of his hours worked under these “other employees” to avoid paying the additional overtime wages. ” According to the complaint, the owner accomplished this, in part, by paying Moya as if he were multiple workers, thereby keeping the real Moya under 40 hours each week”. Moya stated that he worked up to 70 hours per week, and should have been paid time and a half for 30 of those hours worked. Half of the hours worked were recorded under Moya, and half under another fictional employee name.
Tag Archives: overtime
Not Just Another Hot Coffee Lawsuit
In the past, whenever McDonald’s is involved in a lawsuit, we usually expect it to be because of another victim of their hot coffee. Not this time, “McDonald’s workers in three states filed lawsuits against the fast-food chain this week, saying the company engages in a variety of practices to avoid paying them what they’re owed”. The states involved are California, Michigan, and New York; lawyers targeted McDonald’s because it is an industry leader. The suit mentions a variety of labor violations, which could potentially affect 30,000 employees. The lawsuit seeks back pay and other damages for the affected parties. Read More
Goldman Sachs Settles Million Dollar Overtime Pay Case
Goldman Sachs IT employees who worked up to 70-hour weeks without overtime pay have won a settlement against their employer for the sum of $993,841, according to Bloomberg. More than a hundred contracted computer technicians worked for the banking giant without overtime pay, according to a complaint filed May 2010. Today, a US District Court judge approved the terms of the settlement, ending a two-year legal dispute. $262,787 of that will go to the workers’ lawyers.
Workers in Information Technology typically experience a lack of overtime due to it being relatively new field of expertise. IT work has become increasingly specialized over the last 30 years, and yet employers often do not recognize the vital importance of the job. Though labor laws vary between states, it is generally illegal for a contracted employee to endure more than 40 hours of labor per week without overtime pay. However, overtime infractions often go unreported — the threat of total unemployment is more terrifying to workers than the loss of a few hours of overtime pay. In this case, the extent to which the IT professionals worked overtime was certainly egregious. Hopefully this settlement will encourage other maligned employees to come forward and claim their rightful pay.