Many of the Wendy’s 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 Wendy’s?
Founded by Dave Thomas in 1969, Wendy’s is an American international fast food restaurant serving hamburgers at 6,500+ locations worldwide. The company is headquartered in Dublin, Ohio and a subsidiary of The Wendy’s Company. The Wendy’s menu consists primarily of hamburgers, chicken sandwiches, French fries, and beverages, including the signature Frosty *a soft-serve frozen dairy dessert). As of January. 2017, there were a total of 6,537 locations, including 330 that are company-owned. The remaining restaurants are franchised, and 77% of them are located in North America. While Wendy’s sets standard for exterior store appearance, food quality, and menu, individual owners have control over hours of operations, interior decor, pricing, staff uniforms, and most importantly, wages. Wendy’s generates approximately $1.44 billion in revenues yearly, making it a powerhouse in the restaurant industry. Internationally recognized for its red trade dress and iconic red-haired girl on the sigil, Wendy’s is regarded by burger-enthusiasts and entrepreneurs alike.
Can Wendy’s Employees Earn Overtime Wages?
Numerous non-exempt Wendy’s 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 Wendy’s 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, Wendy’s 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 Wendy’s 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 Wendy’s by evaluating how state and federal laws apply to your situation.
Does Wendy’s Have to Pay Overtime Wages to Employees?
For the most part, Wendy’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 Wendy’s?
Here are a few examples from the many previous lawsuits that have been issued against other employers for failing to pay overtime wages:
- In 2011, Wendy’s International Inc. agreed to pay $1.5 million to more than 9,000 employees for denied meal and rest breaks
- Justia lists at least 5 lawsuits involving Wendy’s related to labor disputes
If you feel as though Wendy’s 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.