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Suit Claims Subway Franchise Made up Fake Employees to Avoid Paying Overtime

The Huffington Post reports that a man is suing a Subway franchise, alleging that rather than paying him the overtime he was due, his boss created fake employees.

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(Photo Credit: pakorn/freedigitalphotos.net)

According to the complaint filed by Erwin Zambrano Moya, he worked at a Subway location in Washington D.C. for nearly two years. During that two-year period, he regularly worked 70-hour work weeks. And, on a regular basis, he received multiple paychecks -- one in his own name and one in the name “Ever Ventura.” None of the pay included in either paycheck was for time and a half.

Moya claims he is not alone in receiving two paychecks including zero overtime for his lengthy hours. He claims that more than 12 other employees experienced the same treatment in the last three years, and is asking to court to allow him to proceed in his case as a class action, representing all people who the franchise treated this way. Moya is not suing the national Subway office -- as of now, he has only sued the local franchise he worked for.

More Than One Complaint From Moya

The denied overtime is not Moya's only complaint. He also claims that his boss at the Subway paid him less than minimum wage. During the time Moya worked at Subway, the minimum wage in Washington D.C. was $8.25 per hour, but Moya claims he was only paid $7.25 cents per hour. He also claims that he was never paid for the final 45 hours he worked before he left Subway.

If Moya's claims are true, and he can prove them, he is entitled to compensation for the overtime that he worked and may be entitled to additional compensation. According to the Wage and Hour Division of the Department of Labor, the Fair Labor Standards Act requires that employees be paid time and a half for any hours they work in a given work week beyond the standard 40 hours. So if Moya worked 70 hours a week and the minimum wage was $8.25, he would be entitled to be paid for 40 hours at $8.25 and 30 hours at $12.375.

Are You Eligible for Overtime?

It is worth noting that while most types of employees are entitled to time and a half for any work over 40 hours, not all employees have that right. If you are a blue-collar employee, you are entitled to the time and a half for overtime, no matter how much money you make. The same is true of police officers, firefighters, and other first-responders. However, certain professionals, executives, administrative workers, computer workers, and highly paid white-collar workers, are what are called “exempt employees.” This means that they are exempt from the 40-hour workweek and can be required to work substantially more hours without receiving extra compensation. The Department of Labor provides a straightforward fact sheet that explains which workers are and are not covered by the overtime requirements.

Tell Us What You Think

Do you know someone who has not been paid overtime? We want to hear from you! Leave a comment or join the discussion on Twitter.

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