Jon Campisi Apr. 11, 2014, 12:59pm


A Delaware County man is suing a Bucks County restaurant over

allegations of overtime law violations and for wrongful termination.

Raphael Miller, of Upper Darby, Pa., filed his civil action in U.S. District Court in Philadelphia on April 9 against Bensalem, Pa.-based Jack Duggan’s Pub.

The plaintiff, who was first hired by the defendant as a cook and receiver in 2013, says he was fired in early March on the same day he returned to work from medical leave.

Miller had put through a claim for worker’s compensation benefits for a work-related injury he reportedly suffered back in early February.

He took time off to deal with his injury from Feb. 5 to March 7, the complaint states.

Prior to his firing, Miller says he often worked in excess of 40 hours per week, typically between 90 and 100 hours, but was never properly compensated.

The plaintiff never performed any managerial or supervisory tasks, the complaint says, and therefore was entitled to overtime pay.

“Rather than pay Plaintiff overtime as required by law, in an attempt to evade said requirements, Defendant paid Plaintiff via two different line items on his paychecks for his hours worked as a cook and a receiver,” the lawsuit states.

The suit says that under the Fair Labor Standards Act, an employer must pay a non-exempt employee at least one-and-one-half times the worker’s regular hourly rate for each hour worked in excess of 40 per week.

In addition to the FLSA violations, the lawsuit also accuses the defendant of violating the Pennsylvania Minimum Wage Act, the Pennsylvania Wage Payment and Collection Law and Pennsylvania common law.

Miller seeks to have a judge prohibit the defendant from continuing to carry out its illegal practice.

He also seeks lost pay and benefits, damages for emotional distress, punitive damages, litigation costs and attorneys’ fees.

The complaint was filed by Cherry Hill, N.J. attorneys Richard R. Swartz, Justin L. Swidler and Daniel A. Horowitz.

 

The federal case number is 2:14-cv-02077-JHS.

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