A former Riverside, California employee of Buffalo Wild Wings has filed a class action lawsuit against the restaurant chain, alleging it intentionally fails to pay proper overtime wages to non-exempt hourly store managers by failing to calculate bonuses into their regular rate of pay.
Buffalo Wild Wings Wage and Hour Lawsuit Allegations
Plaintiff Heath Hustad-Ramos alleges in the Buffalo Wild Wings wage and hour lawsuit that he and other hourly store managers were required to more work longer than 8 hours in a day or a total of more than 40 hours within a week without proper overtime pay.
According to the Buffalo Wild Wings wage and hour lawsuit, defendants Buffalo Wild Wings Inc. and Blazin Wings, Inc. “had a consistent policy or practice of failing to compensate NON-EXEMPT HOURLY STORE MANAGER[s], including Plaintiff, overtime pay for all overtime hours.”
Hustad-Ramos says he was paid on a per-hour basis and received regular quarterly and/or monthly bonuses from Buffalo Wild Wings, which constituted part of his regular rate of pay.
“However, Defendants systematically and intentionally deprived Plaintiff of his full overtime wages by paying him one-and-a-half-times his hourly rate of pay from his hourly wage alone and never incorporating his quarterly or monthly bonuses when determining the rate of overtime wages,” states the unpaid overtime lawsuit.
The plaintiff alleges the defendants had a consistent policy and practice of treating other non-exempt hourly store mangers across the country similarly “for the purpose of cheating its employees from the pay owed to them in order to reap their person[al] benefits.”
The Buffalo Wild Wings wage and hour lawsuit is seeking class action status to represent all current and former non-exempt hourly store managers of Buffalo Wild Wings, Inc. and Blazin Wings, Inc. who have worked in the United States at any time during the last three years, plus periods applicable tolling. It is also seeking to certify a separate California subclass of similar employees.
The Buffalo Wild Wings Wage and Hour Lawsuitis Heath Hustad-Ramos v. Buffalo Wild Wings, Inc. and Blazin Wings, Inc., Case No. 17-cv-01898, U.S. District Court, Central District of California, Eastern Division.
California Labor Law Regarding Overtime & Regular Rate of Pay
California labor law requires employers to pay overtime pay of one-and-one-half-times the regular rate of pay to non-exempt hourly employees who work more than 40 hours in a work week or 8 hours a day.
The regular rate of pay is the compensation that was typically earned for the work performed including a number of different kinds of factors such as salary, hourly earnings, commissions, and bonus earnings. An employee’s regular rate of pay must be equal to at least the applicable minimum wage.
If you believe your employer miscalculated your overtime pay and deprived you of all wages earned, you may have a case to file a wage and hour lawsuit and seek the compensation owed to you.
The California employment lawyers at Bradley/Grombacher work hard on behalf of clients who have been harmed by unfair business practices carried out by employers. Fill out the form on this page now for a FREE and confidential case evaluation.