09/23/2014 // Keller Grover // Eric Grover Washington, D.C.— A Subway franchise in Washington, D.C. has been accused of violating wage laws by creating fictional employees to avoid paying overtime wages. The lawsuit, which was filed in federal court on August 6, 2014, also claims the sub shop paid employees below Washington D.C’s minimum wage threshold, reports California wage and hour lawyer Eric Grover of the Keller Grover law firm. ift.tt/1btOi3V The complaint alleged that the Subway franchise committed wage theft for two years, through June 2014. The franchise allegedly paid Erwin Zambrano Moya as if he were multiple employees in order to keep him from earning overtime wages. The company would pay half of his wages under his legal name and pay another half under the fictional name “Ever Ventura,” the Huffington Post reported. Moya routinely worked an average of 70 hours per week, but never was paid overtime premiums. Instead he was paid with multiple paychecks that only compensated him for “straight time.” Sometimes during Plaintiffs employ, Defendant took it one step further to attempt to hide [minimum wage and overtime] violations by paying Plaintiff under the payroll of another Subway owned by Defendant or its agents or owners,” the lawsuit asserts. Moya also alleges that he was only compensated at $7.25 per hour instead of $8.25 per hour, which was the minimum wage threshold in D.C. at the time. In addition, Moya claims he was never paid for the last 45 hours he worked. According to the Fair Labor Standards Act, non-exempt employees are entitled to time-and-half pay for any hours worked over 40 in a week. The lawsuit is seeking class actions status against the Subway franchise, as Moya claims dozens of other employees also “were paid in the same manner and under the same standard employment procedures.” “Businesses get very creative in an attempt to avoid paying overtime wages. That is why it is important for employees to understand that no matter what their employer tells them, you must be paid time and half for all hours worked over 40 hours per week, unless you’re an exempt employee,” says Grover, a California wage and hour lawyer. “Never accept anything less than the compensation you deserve for the hours you have worked and certainly don’t participate in scams that involve payment to you under different names.” The California employment attorneys at the Los Angeles law firm of Keller Grover have been helping victims of wage theft recover lost wages since 2005. To learn more wage laws and if you’ve been a victim contact Keller Grover at 888.601. 6939. ift.tt/1lvwfRz Keller Grover LLP Labor Law Firm - San Francisco Wage & Hour Lawyers
Posted on: Tue, 23 Sep 2014 16:35:31 +0000
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