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Upper Crust Sued Again for Retaliation and Wage and Hour Violations

December 28, 2010

In a blog from earlier this year, our Riverside, California wage and hour attorneys discussed a wage and hour investigation performed by the U.S. Department of Labor's (DOL) Wage and Hour Division, after employees alleged that their employer, Upper Crust, LLC, failed to pay the low wage workers for overtime payments that were ordered by the DOL, after a 2009 DOL investigation required that the Massachusetts pizza chain pay around $350,000 in back wages.

Last week, in the second suit filed this year against the company by former employees, a former operations manager of Upper Crust accused the pizza chain of retaliation in a lawsuit, after he went to the DOL, reporting the company for wage and hour law violations.

Patrick Joyce had reportedly worked for seven years at Upper Crust, and according to his lawsuit, he told both the owner's business partner and general manager that employees were regularly working beyond 70 hours a week, receiving a flat rate of pay totaling $455, with no overtime compensation. In January, Joyce contacted the DOL, and accused the company of unethical and illegal practices.

The Boston Globe reports that Joyce felt he was a target because he came forward as a whistleblower to the DOL. He claimed that after reporting the company for unethical practices, he was accused of being involved in a store robbery, and had several hundred dollars in wages withheld from his final check out of retaliation. Joyce reportedly told the owner that if his wages was not paid to him, he would the pizza company to the DOL. Joyce claims in his lawsuit that he was threatened, and even filed an incident report with the Boston Police Department. Joyce is reportedly seeking around $150,000 in damages.

In Orange County, California, contact our Anaheim-based labor & employment attorneys today, for a free consultation about your California wage and hour rights.

Upper Crust Retaliated in Pay Dispute, 2d Suit Says, The Boston Globe, December 22, 2010

Related Web Resources:

US Labor Dept. Investigation Upper Crust Chain, Boston Globe, July 21, 2010

U.S. Department of Labor: Wage and Hour Division (WHD), Fair Labor Standards Act (FLSA)