Collective Action Complaint Filed Against Pei Wei Asian Diner, LLC, d/b/a Pei Wei Asian Kitchen, On Behalf Of General Managers Allegedly Misclassified as Exempt From FLSA’s Overtime Provisions
Kehoe Law Firm, P.C. is making employees aware that on April 6, 2020, a collective action complaint was filed in United States District Court, Northern District of Texas, against Pei Wei Asian Diner, LLC, d/b/a Pei Wei Asian Kitchen (“Pei Wei”), on behalf of Plaintiff and other similarly situated current and former General Managers of Pei Wei who, pursuant to the Fair Labor Standards Act (“FLSA”), are, allegedly, entitled to unpaid wages from Defendant Pei Wei for overtime work for which they did not receive overtime premium pay.
Acording to the collective action complaint, Defendant Wei “classified Plaintiff and all other similarly situated current and former General Managers as exempt from the FLSA’s overtime provisions,” and “willfully violated the FLSA by failing to pay Plaintiff and all other similarly situated current and former General Managers overtime wages as required by law during the Collective Period.”
The complaint alleges that “[p]ursuant to Defendant’s policy, pattern, or practice of not paying overtime wages to [Plaintiff] and all other similarly situated current and former General Managers when they worked beyond 40 hours in a workweek, [Plaintiff] and all other similarly situated current and former General Managers regularly performed work without receiving overtime compensation.”
Additionally, it is alleged that “[r]ather than pay Plaintiff and all other similarly situated current and former General Managers one and one-half times their regular hourly rate of pay for all hours worked over forty (40) in a given workweek, Defendant [Pei Wei] misclassified Plaintiff and all other similarly situated current and former General Managers as exempt from overtime pay, and did not compensate them for their overtime hours worked.”
Do You Believe Your Wage and Hour or Overtime Pay Rights Have Been Violated?
If you believe your wage and hour or overtime pay rights have been violated please either contact Kehoe Law Firm, P.C. Partner Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form on the right or send an e-mail to [email protected] for a free, no-obligation case evaluation of your facts to determine whether your wage and hour or overtime rights have been violated and whether there is a basis for a class action lawsuit.
Kehoe Law Firm, P.C. prosecutes wage and hour class actions on a contingent-fee basis; thus, plaintiffs and the class members do not pay out-of-pocket attorney’s fees or litigation costs. Subject to court approval, attorney’s fees and litigation costs are derived from the recovery obtained for the class.