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Judge orders Kearney restaurant owner to pay employees $17K in back pay
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Judge orders Kearney restaurant owner to pay employees $17K in back pay

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Flippin Sweet

A federal court has ordered a Kearney pizza and burger restaurant and its owner to pay $17,216 — $8,608 in back wages and an equal amount in liquidated damages — to 13 workers after the U.S.

KEARNEY — A federal court has ordered a Kearney pizza and burger restaurant and its owner to pay $17,216 — $8,608 in back wages and an equal amount in liquidated damages — to 13 workers after the U.S. Department of Labor found overtime and recordkeeping violations of the Fair Labor Standards Act.

U.S. District Court Judge Richard G. Kopf entered the judgment and injunction against The Flippin Sweet Eateries and its owner Jason B. Alexander and prohibited them permanently from future FLSA violations. The court entered the default judgment after the defendants failed to comply with court orders and respond to a complaint filed in 2019 by the department.

The Hub’s attempt to reach Alexander for comment was not successful.

According to a news release, the Labor Department’s Wage and Hour Division found the restaurant wrongly classified workers as exempt from overtime, when they were not. Consequently the employer failed to pay employees overtime at time-and-one-half their hourly rate when they worked more than 40 hours in a workweek and failed to maintain accurate records of employees’ wages, both violations.

“A federal court has held this employer accountable to complying with federal wage laws and court orders and ordered them to pay 13 workers not only their hard-earned wages, but also damages to help make up for the fact that they weren’t paid properly,” said Wage and Hour Division District Director Marcy Boldman. 

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