Many workers closely budget family expenses with regard to the hours that they work. When the opportunity for overtime arises, many Texas employees jump at the chance to make the extra money. If they receive their checks and the overtime money is not there, financial problems may follow. If still do not receive the funds despite requesting the missing wages, the company may be accused of a failure to pay overtime.
One of the franchisees of Papa John's, Emstar Pizza Inc., was sued by the attorney general of another state on behalf of some current and former employees. According to the complaint, the franchisee did not pay the workers overtime. Allegedly, Emstar did not accurately report the amount of hours that the employees worked for the last six years. They were also accused of altering the amount of time that the workers were on the job by changing the hours so that they were adjusted down to the next full hour.
The New York franchisee was ordered to pay the affected workers almost $800,000. The attorney general made a statement that the franchisee disregarded the law and should be held accountable for its actions just like any other business. Papa John's made a statement, saying that the company does not control the actions of its franchisees. It also stated that the company believes that all employees should be paid appropriately.
To keep an accurate account of all of the hours worked, it is a best practice for Texas employees to record the hours that they work. This will allow them to compare their records to their actual pay check to determine if there has been a failure to pay overtime. If the workers do notice discrepancies and the pay issues are not resolved, they may choose to pursue legal actions in an attempt to reclaim the wages that they believe they are owed.
Source: nrn.com, "Papa John's franchisee ordered to pay in wage lawsuit", Jonathan Maze, Feb. 2, 2015