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Pizza chain Manny & Olga’s accused of wage theft

By Peter Levine posted in Employment Law, Unpaid Overtime on October 2nd, 2013

Claims of illegally low pay

Jose Luis Ormeno, a former kitchen worker at pizza chain Manny & Olga’s has filed a lawsuit that accuses his employer of wage theft. Ormeno is claiming long hours and illegally low pay while working at the late-night takeout chain.

The suit, filed in federal court, alleges Ormeno was cheated out of more than $12,000 in pay. According to Ormeno, for the first six months of his employment, he worked an average of 81 hours per week for a mere $5.32 per hour, nearly $3 below the D.C. minimum wage of $8.25.

Ormeno claims that regardless of how many hours he worked he was paid a flat rate of $420 and later $360 per week. Under the Fair Labor Standards Act (FLSA), most hourly workers are entitled by law to minimum wage as well as time-and-a-half for overtime worked over 40 hours per week. Ormeno says in the lawsuit that later on in his employment at the chain he earned the legal D.C. wage of $8.25 per hour, but that rate was paid only for “straight time.”

Unpaid overtime exceeds $5,000

According to the lawsuit his overtime claims for a six-month period alone amount to more than $5,000.

The lawsuit states, “Plaintiff complained to Defendants about his excessive work hours and the manner in which he was paid… “Plaintiff has made
Defendants aware that they are in violation of the FLSA; however, Defendants refused to respond.”

In addition to the $12,286.79 he’s seeking in back pay, Ormeno is also asking for $24,573.58 in damages.

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