A former food service manager has filed a collective action alleging that Aramark misclassified her and others and illegally denied them overtime pay in violation of state and federal overtime laws. According to the suit, the food service managers at Aramark did not exercise discretion and independent judgment when performing their job duties, nor did they have the authority to hire or fire other employees or provide input into hiring, firing, advancement, promotion or any other change of status of other employees.  A review of the federal lawsuit database reveals that Aramark and its subsidiaries have been sued dozens of times in the past decade for overtime violations.  

The Fair Labor Standards Act mandates that an employer must pay non-exempt employees at the rate of not less than one-and-one-half times their regular rates of pay for all hours over forty hours each workweek. Some states have also enacted more stringent overtime laws that allow other remedies for unpaid overtime.  New Mexico, for example, has an overtime statute that allows recovery of treble damages for unpaid wages (meaning that if a worker is owed $1,000 in unpaid overtime, the employer may be obligated to pay three times that amount, or $3,000). There are other provisions in the New Mexico statute that make it more “plaintiff friendly” than the federal overtime law.  

Josh Borsellino is an experienced Texas overtime attorney that represents workers on claims for unpaid wages.  He has represented hundreds of workers in dozens of overtime cases across Texas and New Mexico and other states.  If you worked for Aramark within the past three years and would like more information about overtime pay or to determine if you were affected, please email Josh through this link or you can call at 817.908.9861.  All inquiries by phone or email are free, confidential, and require no obligation.