RENO, Nev. — Bully’s Sports Bar & Grill in Nevada is currently facing a potential class action overtime pay lawsuit in Nevada federal court. The sports bar chain has allegedly misclassified its kitchen managers, assistant kitchen managers, and cooks as exempt from overtime under the “executive” exemption in the Fair Labor Standards Act (FLSA). The plaintiffs in the lawsuit claim the sports bar chain intentionally misclassified them in order to save on labor costs and increase profits for at least the three years leading up to the lawsuit.
The Kitchen Employees’ Claims
Bully’s is the oldest and largest sports bar chain in northern Nevada. It operates at seven casino taverns in Carson City, Reno, and Sparks. Ernesto Amador, a former Bully’s kitchen manager, filed the lawsuit in February 2015. Amador claims that Bully’s may have properly exempted its general managers, who managed the taverns and its employees. But the kitchen managers, assistant kitchen managers, and cooks were not primarily responsible for managing or supervising and, Amador claims, they do not meet the exemption requirements. Additionally, Amador claims Bully’s required its employees to use an automated timekeeping system. The timekeeping system allegedly automatically entered an employee’s time according to their scheduled shift, regardless of the hours actually worked.
According to the lawsuit, the cooks and kitchen managers regularly worked more than 60 hours a workweek; yet did not receive any overtime pay for the additional hours. Bully’s claims its employees received the overtime to which they were entitled, as well as paid vacation and bonuses. The company requested the court dismiss the lawsuit in late February and is awaiting the court’s decision.
Potential Back Pay For Violations
The lawsuit alleges that the misclassification was willful, intentional, and repeated. If the court concludes that Bully’s did intentionally misclassify its employees, the company could be required to pay back wages and damages dating back three years. Typically FLSA wage violations are subject to a two-year statute of limitations, which means that employees can only receive up to two years’ worth of back pay and damages and only for the two years prior to the filing of the lawsuit. If an employer is found to have purposefully violated the FLSA, employees can seek compensation dating back three years.
If your employer does not allow you to record the actual hours you are working or you believe your employer has misclassified your position and is denying you overtime pay, contact our team of overtime pay lawyers today. Time is limited for filing wage and overtime complaints so it is important to call today! Our top-rated team of overtime pay lawyers can be reached at (855) 754-2795. Or complete our Free Unpaid Overtime Case Review form and our knowledgeable legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.