Many of Kentucky Fried Chicken (KFC) 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 KFC?
Founded in 1952, Kentucky Fried Chicken (or KFC) is an American fast food restaurant chain that specializes in fried chicken. Headquartered in Louisville Kentucky, it is the world’s second-largest restaurant chain (as measured by sales) after McDonald’s, with almost 20,000 locations globally in 123 countries and territories. The chain, boasting more than 14,000 employees, remains a subsidiary of Yum! Brands, a restaurant conglomerate that also owns Pizza Hut, Taco Bell, and WingStreet chains. KFC is widely recognized for its iconic Colonel Sanders branding and red sigil. In 2017, Yum brands sw a 9% increase in core operating profit and a same-store sales growth of 3% at KFC with $23 billion in annual revenue. Currently, KFC is recognized for their brand slogan “Southern Inspired” and “Always Original.” KFC is an internationally regarded franchise that is only expanding and gaining footing in the US and food service industry.
Numerous non-exempt KFC 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 KFC 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, KFC 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 KFC 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 KFC by evaluating how state and federal laws apply to your situation.
Does Applebee’s Have to Pay Overtime Wages to Employees?
For the most part, KFC 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 KFC?
Here are a few examples from the many previous lawsuits that have been issued against other employers for failing to pay overtime wages:
Justia lists at least 60 lawsuits alleging violations to Labor law against KFC since 2007.
KFC has been criticized in the past for unfair work contracts paying part-time Chinese workers well under the minimum wage
In 2015, 13 KFC restaurants settled to pay back wages to more than 700 current and former workers for withheld wages that were owed
If you feel as though KFC 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.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions.
He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
