Steak N Shake Restaurants Hit with Overtime Lawsuit

THE STEAK N SHAKE OVERTIME LAWSUIT

A lawsuit filed on November  28, 2011 by Georgia attorneys Alan Garber and Diane Cherry alleges that Steak N Shake restaurants failed to pay its hourly employees minimum wage and overtime pay.

The Complaint alleges that restaurant management adjusted the weekly tips and hours of the restaurant’s waiters and other employees, required employees to work “off the clock” without compensation and failed to properly calculate the compensation owed to employees for shift differentials.

For more information on this lawsuit, call Alan Garber (678) 383-9792 or Diane Cherry (770) 444-3399 today.

December 30, 2011 (AmericanInjuryNews.com – Current News, Press Release)

Atlanta, GA (California Employment Lawyer News) — Two Steak ‘n Shake restaurant workers in Georgia have sued the Indianapolis-based burger chain for violation of various labor laws. The class action lawsuit was filed in a Georgia federal court against Steak ‘n Shake Operations Inc. for failing to pay minimum wage and overtime to hourly employees, reports Eric Grover.

The plaintiffs and current Steak ‘n Shake employees, Justin Beecher and Priscilla Cain, are suing the burger restaurant over a host of allegations that accuse the restaurant of violating the Fair Labor Standards Act, the Indianapolis Business Journal reports.

The wage and hour lawsuit contends that Steak ‘n Shake instructed restaurant managers to adjust the number of hours for employees who worked over 40 hours a week, to avoid paying overtime wages. In fact, the lawsuit claims a document was created by Steak ‘n Shake called “audit trail report,” which shows the edited “clock in” and “clock out” times for hourly employees.

In addition, the suit claims the burger chain neglected to pay the proper minimum wage for servers earning tips, by adjusting the tip amounts to falsely reflect a higher amount. Because of this, the company eliminated any difference between the servers’ regular hourly rate and the federally required minimum wage, thereby skirting any obligation to pay a minimum wage differential, the lawsuit read.

Additionally, Steak ‘n Shake allegedly changed the servers’ hours to show a lower number in order to increase their regular hourly rate, and to avoid paying a minimum wage differential.

The wage and hour lawsuit is seeking unpaid minimum wages and overtime wages, in addition to other monetary damages.

“If these allegations prove true in a court of law, it will demonstrate that Steak ‘n Shake has seriously violated labor laws,” asserts Eric Grover. “Any employee that works over 40 hours in a week is entitled to overtime pay, and should be fairly compensated for their work.”

“Editing clock in and out times is illegal and unethical. All employees should receive compensation that reflects the overtime they work. In addition, many restaurant servers work for tips and should not be docked any of their hourly pay to make up for minimum wage based on an incorrect accounting of their tips,” says the lawyer.

to participate in the lawsuit, employees must return a Consent to Join Lawsuitto the plaintiffs’ attorneys who will then file it with the Court.

In the event the Court certifies a class and authorizes formal notice to the class, employees must generally return the Consent to Join Collective Action form by the deadline imposed by the Court.

How can I get more information about the lawsuit?

If you also worked for Steak N Shake, you can join this case by completing this Consent to Join Lawsuit and sending it to The Cherry Law Firm, P.C.

______________________________________________________

If you want more information on this lawsuit: call Diane Cherry at (770)444-3399 or Alan H. Garber at (678) 560-6685.

Post via: http://www.americaninjurynews.com

Atlanta, GA (California Employment Lawyer News) — Two Steak ‘n Shake restaurant workers in Georgia have sued the Indianapolis-based burger chain for violation of various labor laws. The class action lawsuit was filed in a Georgia federal court against Steak ‘n Shake Operations Inc. for failing to pay minimum wage and overtime to hourly employees, reports Eric Grover.

The plaintiffs and current Steak ‘n Shake employees, Justin Beecher and Priscilla Cain, are suing the burger restaurant over a host of allegations that accuse the restaurant of violating the Fair Labor Standards Act, the Indianapolis Business Journal reports.

The wage and hour lawsuit contends that Steak ‘n Shake instructed restaurant managers to adjust the number of hours for employees who worked over 40 hours a week, to avoid paying overtime wages. In fact, the lawsuit claims a document was created by Steak ‘n Shake called “audit trail report,” which shows the edited “clock in” and “clock out” times for hourly employees.

In addition, the suit claims the burger chain neglected to pay the proper minimum wage for servers earning tips, by adjusting the tip amounts to falsely reflect a higher amount. Because of this, the company eliminated any difference between the servers’ regular hourly rate and the federally required minimum wage, thereby skirting any obligation to pay a minimum wage differential, the lawsuit read.

Additionally, Steak ‘n Shake allegedly changed the servers’ hours to show a lower number in order to increase their regular hourly rate, and to avoid paying a minimum wage differential.

The wage and hour lawsuit is seeking unpaid minimum wages and overtime wages, in addition to other monetary damages.

“If these allegations prove true in a court of law, it will demonstrate that Steak ‘n Shake has seriously violated labor laws,” asserts Eric Grover. “Any employee that works over 40 hours in a week is entitled to overtime pay, and should be fairly compensated for their work.”

“Editing clock in and out times is illegal and unethical. All employees should receive compensation that reflects the overtime they work. In addition, many restaurant servers work for tips and should not be docked any of their hourly pay to make up for minimum wage based on an incorrect accounting of their tips,” says the lawyer.

to participate in the lawsuit, employees must return a Consent to Join Lawsuitto the plaintiffs’ attorneys who will then file it with the Court.

In the event the Court certifies a class and authorizes formal notice to the class, employees must generally return the Consent to Join Collective Action form by the deadline imposed by the Court.

How can I get more information about the lawsuit?

If you also worked for Steak N Shake, you can join this case by completing this Consent to Join Lawsuit and sending it to The Cherry Law Firm, P.C.

______________________________________________________

If you want more information on this lawsuit: call Diane Cherry at (770)444-3399 or Alan H. Garber at (678) 560-6685.

Post via: http://www.americaninjurynews.com

A complaint  was filed in federal court by two employees of Steak N Shake restaurants in Georgia, alleging that Steak N Shake fails to pay its hourly employees the federal minimum wage and proper overtime compensation, this in violation of the Fair Labor Standards Act.

The lawsuit seeks class action status under the FLSA to include:

All current and former hourly employees in any Steak N Shake corporate-owned restaurant who, during the last three years, were not paid proper minimum wages or overtime compensation.

__________________________________________________________________________________________

If you also worked for Steak N Shake, you can join this case by completing this Consent to Join Lawsuit and sending it to The Cherry Law Firm, P.C.

If you want more information on this lawsuit: call Diane Cherry at (770)444-3399 or Alan H. Garber at (678) 560-6685.

___________________________________________________________________________________________

Additional Information About The Lawsuit   

The lawsuit was filed on November 28, 2011, and alleges that Steak N Shake restaurant managers shave the hours of servers and all other hourly employees each week in order to avoid paying overtime.  The lawsuit also alleges that restaurant managers inflate the weekly tips of servers in order to artificially increase their hourly rate, and thereby avoid paying the difference between the federal minimum wage and the employee’s actual hourly rate – which often falls below the minimum wage when the employee’s tips are low.

The lawsuit also claims that Steak N Shake managers discuss the elimination of hours from employees’ time records.  Furthermore, company “Audit Trail Reports” show the original clock-in and clock-out time, the original tip amount for servers, as well as the changes made by managers and the date the changes were made.

The employees seek unpaid wages, liquidated damages, costs and attorneys’ fees, as well as declaratory and injunctive relief, under the Fair Labor Standards Act (“FLSA”).

Answers to Common Questions

What claims are covered in this lawsuit?

The lawsuit covers claims for overtime and minimum wages under the Fair Labor Standards Act.  The lawsuit alleges that Steak N Shake managers unlawfully adjust the weekly time records of hourly employees to reduce the hours an employee actually worked in order to avoid paying the employee overtime compensation.

The lawsuit also alleges that Steak N Shake managers inflate the weekly tips of server employees who have earned less than the minimum wage, and thereby avoid paying any difference between the employees’ actual hourly rate and the federal minimum wage.

What damages are sought?

Under the Fair Labor Standards Act, an employee is entitled to recover past due minimum wages and overtime compensation, plus an equal amount of liquidated damages.

How far back does the lawsuit cover?

Under the Fair Labor Standards Act, Steak N Shake employees are entitled to make claims for the period extending back three years from the date the employee files a Consent to Join Collective Action form with the Court.

Who is included in the lawsuit?

The plaintiffs seek to represent a class including: all current and former hourly employees in any Steak N Shake corporate-owned restaurant who, during the last three years, were not paid proper minimum wages or overtime compensation.

However, in order to participate in the lawsuit, employees must return a Consent to Join Lawsuit to the plaintiffs’ attorneys who will then file it with the Court.

In the event the Court certifies a class and authorizes formal notice to the class, employees must generally return the Consent to Join Collective Action form by the deadline imposed by the Court.

How can I get more information about the lawsuit?

If you also worked for Steak N Shake, you can join this case by completing this Consent to Join Lawsuit and sending it to The Cherry Law Firm, P.C.

______________________________________________________

If you want more information on this lawsuit: call Diane Cherry at (770)444-3399 or Alan H. Garber at (678) 560-6685.

Fair Labor Standards Act (“FLSA”) overtime claims may involve:

• Employers mistakenly treating employees as “exempt” from the FLSA overtime requirements;
• Employers failing to pay employees time and a half for time actually worked over 40 hours in a work week is FLSA overtime;
• Employers failing to pay employees who work “off-the-clock” for the employer; and
• Employers failing to include “wage augments” such as shift differentials when calculating an employee’s overtime rate.

For more information about FLSA overtime claims, call Alan Garber (678) 383-9792 or Diane Cherry (770) 444-3399 today.

Steak N Shake Restaurants Hit with Overtime Lawsuit

THE STEAK N SHAKE OVERTIME LAWSUIT

A lawsuit filed on November  28, 2011 by Georgia attorneys Alan Garber and Diane Cherry alleges that Steak N Shake restaurants failed to pay its hourly employees minimum wage and overtime pay.

The Complaint alleges that restaurant management adjusted the weekly tips and hours of the restaurant’s waiters and other employees, required employees to work “off the clock” without compensation and failed to properly calculate the compensation owed to employees for shift differentials.

For more information on this lawsuit, call Alan Garber (678) 383-9792 or Diane Cherry (770) 444-3399 today.

November 30, 2011

Two workers at Steak n Shake restaurants in Georgia are suing the Indianapolis-based burger chain for allegedly failing to pay minimum wage and overtime to hourly employees.

The lawsuit, filed Monday in a federal court in Georgia, seeks class-action status against Steak n Shake Operations Inc.

Plaintiffs Justin Beecher and Priscilla Cain are current Steak n Shake employees who have worked in various positions, including as servers and trainers. They claim the company directed restaurant managers to adjust the hours of employees who had worked more than 40 hours a week to avoid paying overtime.

A document created by Steak n Shake titled “audit trail report” reflects revised “clock in” and “clock out” times for the hourly employees, according to the suit.

The plaintiffs also allege that the restaurant chain failed to pay the proper minimum wage for servers earning tips from customers.

They claim Steak n Shake adjusted the weekly tips to falsely reflect a higher amount. By doing so, the company eliminated any difference between the servers’ regular hourly rate and the federally required minimum wage, thereby skirting any obligation to pay a minimum wage differential, the complaint said.

In addition, Steak n Shake adjusted the hours of servers to reflect a lower number in order to increase their regular hourly rate and to also avoid paying a minimum wage differential, according to the suit.

The plaintiffs accuse the company of violating the Fair Labor Standards Act and are seeking unpaid minimum and overtime wages, as well as other monetary damages.

Steak n Shake is owned by San Antonio-based Biglari Holdings Inc. The chain operates about 490 restaurants in 22 states.

Officials for both Steak n Shake and Biglari did not return phone messages seeking comment on the suit.

Heather L. Wilson, an attorney and member of the labor and employment group at Frost Brown Todd LLC’s Indianapolis office, typically represents companies in wage disputes.

She said these types of claims are quite prevalent, regardless of potential liability, because many employers choose to settle rather than get drawn into a lengthy court battle.

“If you’re claiming that you haven’t been paid overtime, there might be others who are making that claim,” she said. “These types of cases can be costly because many times they do seek to be class actions.”

Wilson said companies can protect against wage disputes by having their policies and procedures comply with state and federal wage and hours laws, which can be complex, and implementing them correctly.

For more information on this lawsuit, call Alan Garber (678) 383-9792 or Diane Cherry (770) 444-3399 today.

SOURCE: http://www.ibj.com/steak-n-shake-hit-with-overtime-lawsuit/PARAMS/article/31058

By Roxanne Palmer