Many Cold Stone Creamery employees fall under the non-exempt category of employment and MUST be paid overtime wages according to the guidelines laid out in the Fair Labor Standard Act (FLSA). The FLSA sets the overtime rate for non-exempt employees at time and one-half their standard rate of pay for any time worked over 40 hours in a single week.
The FLSA regulations do not apply to “administrative” or “professional” employees due to exemptions preventing specific categories of employees from receiving overtime pay.
Exemptions are not based entirely on one’s job title, however. Whether or not an employee should receive overtime pay is calculated by the hours worked, the rate of pay, the job duties, and even the job description.
It’s always a good idea to speak with an attorney with experience in overtime pay laws due to issues with additional state laws governing overtime pay. These laws sometimes overlap federal laws and further complicate or contradict the FLSA.
What is Cold Stone Creamery?
Cold stone Creamery is an American ice cream parlor chain. Headquartered in Scottsdale, Arizona, the company is owned and operated by Kahala brands. The company’s main product is premium ice cream made with approximately 12-14% butterfat, made on location and customized for patrons at time of order. Cold Stone also has expanded its menu with other ice cream related products, including: ice cream cakes, pies, cookie sandwiches, smoothies, shakes and iced or blended coffee drinks. Since 2008, the company has been co-branding its locations with other chains in an attempt to not only increase its presence outside the US, but transform its business model from seasonal to year-round. Today, there are over 1000 Cold Stone Creamery locations, internationally recognized for their distinctive red trade dress and the sigil bearing an ice cream cone. Although frequently rating among the most difficult franchises to own, with a SBA loan failure rate of 42%, Cold Stone remains a favorite of consumers and enterprising franchisees alike.
Can Cold Stone Creamery Employees Earn Overtime Wages?
Numerous non-exempt Cold Stone Creamery employees may be required to start before their shifts or even work after their shifts finish off the clock. It is not uncommon for employees to work double shifts as well. Because of this, if many Cold Stone Creamery employees exceed 40 working hours in a single week, they should receive overtime pay.
Employers have been known to illegally misclassify positions to avoid paying overtime. For instance, Cold Stone Creamery shift or location managers may have been labeled “managers” with the goal of marking them exempt from overtime pay. However, these employees are in fact non-exempt because of the nature of their job duties.
Often companies label employees as managers even though they do not fill vital roles for the business. The FLSA dictates that “managers” must have specific abilities, for instance, hiring or firing employees, making schedules, or completing other tasks that are essential to the running of the business. Typically these employees do not perform these duties and are instead only labeled as managers for employers to save money by avoiding paying overtime.
Another unlawful practice that the Cold Stone Creamery may perform is having employees clock in before a shift or asking them to stay after a shift without compensating them. This practice of manipulating time cards to keep payroll costs down is a violation of the FLSA and can result in a lawsuit.
How Can a FLSA Lawyer Help You
An experienced lawyer can analyze your case and see if you are entitled to lost overtime wages from Cold Stone Creamery by evaluating how state and federal laws apply to your situation.
Does Cold Stone Creamery Have to Pay Overtime Wages to Employees?
For the most part, Applebee’s must pay overtime to non-exempt employees who work more than 40 hours in a week as long as they are not excluded by the FLSA. However, these exemptions become more complicated by some states that have additional laws governing them.
If you feel like you have been denied overtime wages, then it is in your best interest to consult an attorney with FLSA experience and knowledge of state overtime laws.
Are There Other Overtime Pay Lawsuits Involving Cold Stone Creamery?
Here are a few examples from the many previous lawsuits that have been issued against other employers for failing to pay overtime wages:
- Although Cold Stone Creamery has yet to field any labor lawsuits, it is imperative that employees remain vigilant. In 2017 alone, U.S workers lost $15 billion to wage theft. No industry is exempt from federal protections; workplace violations are serious and more prevalent than you think. Know your rights: employer practices require careful policing.
If you feel as though Cold Stone Creamery or any another employer has denied you overtime wages, you could have a case. Please get in touch with the Lemberg Law legal team. Complete our form for a FREE case evaluation, or call 844-685-9200 NOW. Lemberg Law will evaluate your case as see if you are eligible to receive lost overtime wages as a non-exempt employee.