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Corky and Lenny’s was a staple restaurant on Cleveland’s east side. The Jewish deli in Woodmere, Ohio was known for its delicious food, such as its Matzoh ball soup, and living up to its motto, “where people meet to eat.” Unfortunately, according to a recent lawsuit filed against the restaurant, a former waitress, on behalf of a class of other former employees, accused the restaurant of docking its workers’ pay for lunch breaks they did not take and failing to pay overtime rates.

According to the lawsuit, Case Number 1:23-CV-02391, venued in the United States District Court, Northern District of Ohio, Eastern Division, the restaurant automatically deducted 30 minutes from employees’ time for every shift scheduled over 6 hours, whether or not the employees actually took a break for 30 minutes. The lawsuit also alleges that Corky and Lenny’s miscalculated the overtime rate, thus depriving the employees of proper wages over a long period of time.

What Are The Laws Governing Overtime In Ohio?

The Fair Labor Standards Act (the “FLSA”) is a federal law that lays out the requirements for employers paying overtime wages to workers. Notably, under the FLSA, employers are required to pay their workers 1.5 times the regular rate for time worked over 40 hours, as long as the workers are not exempt. While there are nuances in the criteria for determining whether an employee is exempt, it is the employers’ responsibility to properly classifying the employees, exempt or non-exempt, properly. (Best Law Reads: There’s $4 Billion In Overtime Wage Theft Every year – How Much Of That Is Yours; Can My Job Cut My Regular Pay Rate To Avoid Paying Overtime?). While the FLSA is a federal law governing overtime wages, Ohio also has similar laws governing the payment of overtime wages.

If you think your employer failed to pay you a proper overtime rate for when you worked more than 40 hours per week, it is important to call the right attorney for a free and confidential consultation to review your case and fight to get you the pay you deserve (Best Law Read: What Is The Spitz No Fee Guarantee?). Additionally, timing is of the essence in wage cases, as they have a “rolling” statute of limitations, meaning that every day you wait is potentially a day lost on damages. Call the wage and hour attorneys at Spitz, the Employee’s Law Firm today for a free and confidential initial consultation.


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