A Lee’s Summit, Montana, IHOP restaurant is accused of making their staff wait weeks for their paychecks — and on top of that, the air conditioning isn’t working either.
One staffer, identified only as Linda, told KMBC 9 Investigates that it’s going on six weeks with no paycheck.
“People might say, ‘Well, why do you continue to work here?’” a reporter asked her.
“We’re like family here,” she said. “I’ve been here almost a year now. A lot of these people have been here a way long time.”
Another employee, Chelsea Stoker, says she has filed a complaint with the Department of Labor along with some fellow employees, but she’s afraid to quit her job.
“I’m kind of too scared to leave, because if I leave, I’m concerned that I’m not going to get my other paychecks,” Stoker said. “And that’s about $1,200. And I got four kids, I need it.”
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A number of issues
The KMBC investigators report that they tried multiple methods of reaching the parent company that owns the IHOP franchise, AJTX Management, but got no responses.
They further found court records that show AJTX is facing multiple lawsuits in Missouri over employment-related claims.
The staff at the IHOP also told reporters that the air conditioning in the restaurant has been broken for some time, with no plans in place for having it fixed.
They hope that going public with their story will make a difference.
“I’m hoping that if this gets out there, we’ll get paid and we’ll get air conditioning and all the people can come back,” Linda said.
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Legal rights for workers
The Fair Labor Standards Act (FLSA) governs employment conditions across the country, and ensures workers’ rights are protected. Failure to pay an employee’s wages on time is a violation of the FLSA, and AJTX Management‘s failure to keep the restaurant’s air conditioner operational may also be considered a violation of the Occupational Safety and Health Administration’s rules on safe working conditions.
Employers are required to protect workers that are exposed to high heat for long periods, and may even be responsible for developing a heat illness prevention program. Any worker who can prove that their employer caused them to develop a heat-related illness may be eligible to file a complaint with the OSHA.
For employees that are waiting on paychecks, the FLSA ensures their employer can face penalties and legal action. These can include back pay to affected employees, civil penalties, liquidated damages and the payment of employees’ legal fees and costs.
What you can do to protect your rights
Under FLSA, you have multiple options to ensure your employer gives you what you are legally owed. The FLSA also prevents your employer from retaliation against you for exercising your legal rights.
If you are owed compensation, you can:
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Contact your employer in writing to document the missing wages, and ask for back pay to the amount owed.
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If your employer has been given a reasonable time to address your concerns, you can next file a complaint with the Department of Labor’s Wage and Hour Divisions (WHO). They are able to investigate any violations of the FLSA and take action against your employer if needed.
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If your employer is violating employment laws, you may file a lawsuit. It’s important to work with an experienced employment lawyer, especially if any investigations by the WHO are still underway.
For employees outside the service industry, alternative channels may exist for addressing workplace violations. Start by reporting FLSA or OSHA rights violations to your company’s HR department. If HR fails to take appropriate action, escalate the matter to management, including senior leadership. Should these internal pathways prove ineffective, follow the previously outlined steps and consider consulting with a qualified employment attorney who can provide guidance on your legal rights and potential courses of action.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
