Commonly asked overtime pay law questions about Burger King:
- What is Burger King?
- Who Does Burger King Employ?
- Where is Burger King Located?
- Burger King Overtime Pay Lawsuit News
- What are the Laws for Burger King Employee Overtime Pay?
- Are Burger King Employees Entitled to Overtime Pay?
- Does Burger King Have to Pay Overtime Wages to its Employees?
- Has Burger King Been Involved in Overtime Pay Lawsuits?
- Burger King Overtime Pay Lawyer Review
What is Burger King?
Burger King is the second largest fast-food chain in the United States trailing only to McDonald’s. Founded in 1954, the company has grown to franchise more than 10,400 restaurants and owns about 1,000 with locations in all 50 states and 56 countries.
Who Does Burger King Employ?
Burger King locations employ thousands of people. Our experienced overtime pay lawyers handle cases for all Burger King employees, including the following:
- Cooks
- Dishwashers
- Cashiers
- Food Preparation Workers
- Food Service Managers
- Various office jobs
Where is Burger King Located?
Burger King’s corporate headquarters is located in Miami, FL. The company employs over 340,000 people.
Some overtime pay laws for these cities can be found below:
- Atlanta, Georgia
- Austin, Texas
- Baltimore, Maryland
- Boston, Massachusetts
- Charleston, South Carolina
- Charlotte, North Carolina
- Chicago, Illinois
- Columbus, Ohio
- Dallas, Texas
- Detroit, Michigan
- Indianapolis, Indiana
- Las Vegas, Nevada
- Minneapolis, Minnesota
- Nashville, Tennessee
- New York, New York
- Palo Alto, California
- Phoenix, Arizona
- Pittsburgh, Pennsylvania
- San Francisco, California
- Tampa, Florida
- Washington D.C.
Burger King Overtime Pay Lawsuit News
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What are the Laws for Burger King Employee Overtime Pay?
Under the Fair Labor Standard Act (FLSA), many Burger King employees are considered non-exempt and therefore entitled to overtime pay.
If an employee is non-exempt under the FLSA, the law requires that they are paid overtime wages of one and one-half times their regular rate of pay for every hour past 40 in one week.
The FLSA has several exemptions, however, that would preclude employees from receiving overtime pay. For example, employees with “administrative” or “professional” roles may fall under these exemptions.
It is important to note that exemption is not determined solely based on job title. Rather, job description, job duties, rate of pay, and hours worked are used to determine if an employee should receive overtime pay.
On top of the FLSA, some states have their own overtime pay laws. These laws may complement or contradict the FLSA, so it is important to consult an experienced attorney who is familiar with all the applicable overtime pay laws.
Are Burger King Employees Entitled to Overtime Pay?
Some Burger King employees are required to work double shifts, as well as additional time before and after their scheduled shift. As a result, many Burger King employees end up working more than 40 hours per week, and are therefore entitled to overtime pay.
Employees who are exempt under the FLSA are not entitled to overtime pay. Whether or not a Burger King employee falls under the “administrative” or “professional” exemptions is determined based on job description, job duties, rate of pay, and the number of hours worked.
Employers often deny or unlawfully refuse to pay overtime by misclassifying the positions of the workers, claiming that they are exempt when, in reality, they are not. For example, Burger King location or shift managers may be classified as exempt by the company based on their “manager” title, when, in reality, their job duties reflect a non-exempt position.
Under the FLSA, workers classified as “managers” can be overtime exempt, but must perform certain duties vital to the businesses operations including hiring and firing subordinates, creating work schedules and setting employee pay. Companies often give titles like “manager” or “supervisor” to workers who do not perform necessary duties, as a means to avoid paying overtime and keep payroll down.
Burger King may also require their employees to report to work early but not “punch the clock” until later or strike hours off of time cards, or they may refuse to pay employees for work done before the shift starts and after they punch out for the day. These are violations of the Fair Labor Standards Act (FLSA) and can give rise to an overtime pay lawsuit.
An experienced overtime pay attorney will be able to analyze your case in the context of the FLSA and your state’s laws to determine if you are due overtime wages from Burger King.
Does Burger King Have to Pay Overtime Wages to its Employees?
In many cases, Burger King is required to pay overtime wages to employees that work more than 40 hours in one week. This excludes employees who are considered exempt under the FLSA.
Exemption is not cut and dry; the FLSA is a complicated law and state laws can complicate the picture even further.
If you believe that Burger King owes you overtime pay, it is best to consult an attorney who has experience with the FLSA and state overtime wage laws.
To determine whether you are eligible for filing a wage claim, contact our experienced Burger King Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page. We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.
Has Burger King Been Involved in Overtime Pay Lawsuits?
Over the past several years, current or former employees have brought a number of lawsuits against companies like Burger King in an effort to reclaim lost overtime wages. If you believe Burger King is denying you overtime wages, you could have a case similar to that of a previous lawsuit. Here are a few examples of such lawsuits:
- An Akron, Ohio restaurant recently agreed to settlement terms with the Department of Labor to resolve claims that the company engaged in systematic wage theft against almost two-dozen workers over the course of several years. Under the resolution, defendant Azteca Restaurante Mexicano Inc. and its named owner will pay a total of $118,000 in back wages with interest and liquidated damages to 21 current and former employees as well as implement a computerized payroll system to prevent future instances of wage theft from occurring.
- A group of former food-preppers for a Cincinnati-area dumpling restaurant recently filed an unpaid overtime lawsuit against their old boss alleging the defendant failed to pay them all their wages, including overtime and other income.
- McDonald’s employees in New York brought a lawsuit against the franchise owner and his restaurants, claiming they refused to reimburse its employees for cleaning their uniforms, which violates New York law. Additionally, employees, particularly cashiers, were frequently required to work off the clock before and after their shifts without compensation.
Burger King Overtime Pay Lawyer Review
