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Federal Unpaid Overtime Class Action Filed Against Holiday Inn

Carle Place, NY: Holiday Inn is facing an unpaid wages and overtime class action. Mavis Kemper, a native of Jamaica now living in Cambria Heights, Queens, is a woman with a strong work ethic. A housekeeper at the Holiday Inn in Westbury, Long Island, from June 2005 until January 2012, Kemper, 43, worked tirelessly, often working six days per week from about 6:30 a.m. until 3:30 p.m. for $9 to $11 per hour, cleaning the hotel's 152 rooms, but she was never paid overtime. Reluctantly, she complained, but nothing was done.

""I knew that I was working over 40 hours per week and that I was supposed to be getting overtime, but I needed the job," said Kemper, whose average work week was 45-48 hours.

Now, in a class action lawsuit filed February 23, Kemper alleges the hotel (next to Chateau Briand Caters on Old Country Road) in Westbury, didn't pay overtime to any of its employees who worked more than 40 hours a week over the last the last six years in violation of state and federal labor law.

The Fair Labor Standards Act and state law requires businesses to pay overtime at a rate of 1.5 times the regular rate for all hours worked over 40 hours over seven consecutive days.

The lawsuit seeks class-action status for roughly 100 current and Westbury Holiday Inn employees. It names Westbury Operating Corp. and Norman Shapiro, president and chief executive of the company, as defendants.

The suit also alleges the hotel didn't provide its employees with paystubs that correctly reflected the hours they worked, the rate of pay, the amount of deductions and other information required by law. According to New York Law workers are entitled to $100 for every paycheck they received that did not have a stub. These provisions are part of the state's almost year-old Wage Theft Prevention Act - aimed at curbing wage violations.

Holiday Inn Unpaid Wages and Overtime Class Action Legal Help

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Published on Feb-27-12


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