FLORIDA – A franchisee of Dunkin’ (formerly known as Dunkin’ Donuts) violated federal law by intentionally altering an employee’s electronic time records to short his pay, and then firing him after he complained of the fraud, Jim Garrity charged in a lawsuit filed this week.
According to the suit, our client noticed that his paychecks did not appear to accurately reflect the full compensation he had earned and reported. As soon as he suspected fraud, he demanded the digital audit reports that the timekeeping system maintained. Those reports showed that a store manager had secretly altered and reduced his reported hours on multiple occasions. Not long after he spoke out, the store fired him. Garrity agreed to take the case and sue the company.
The federal Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards. Covered nonexempt workers are entitled to at least minimum wage for all hours worked, and overtime pay at a rate not less than one and one-half times the regular rate of pay after 40 hours of work in a workweek. “Hours worked” ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.”
Garrity is seeking all unpaid wages and overtime for our client, as well as liquidated damages, fees, and costs. The lawsuit also asks the court to force Dunkin’ to rehire our client and restore all his lost benefits.
“This case underscores the need for employees to remain vigilant, and to compare the hours on their paycheck with their own records showing what they worked,” Garrity said. “Otherwise, employees may be cheated of wages they are legally entitled to be paid.”
Questions about your paycheck? Email us confidentially at Jim@JimGarrityLaw.com to schedule a free consultation.
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Jim Garrity, Esq. - Employee Rights Lawyer 
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