Former Ice Cream Store Employees Sue Eight Fahrenheit Over Alleged Lack of OT Pay

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Two former employees have filed suit against Eight Fahrenheit, Inc. and an individual with control of the business over claims that they were denied time-and-a-half overtime wages.

The first named plaintiff says he worked approximately 84 hours per week as a store manager at the defendants’ ice cream franchise, making ice cream, operating the cash register, stocking, cleaning, and setting up chairs and tables.  The plaintiff claims that despite his managerial title, his actual job duties were 95 percent manual labor, with the other five percent consisting of training new employees, hiring workers, and “occasionally setting employee schedules.” According to the case, the man should not have qualified for any managerial exemption under the Fair Labor Standards Act and should have received premium pay for the hours he worked over 40 each week. The complaint says the plaintiff is owed about $2,360.16 in allegedly unpaid overtime wages.

The second named plaintiff says he was employed as an ice cream maker and worked about 79 hours per week. Unlike the first plaintiff, who was paid a fixed monthly salary, the second plaintiff supposedly earned $9.00 per hour and was paid the same hourly rate regardless of how much time he put in per week. The lawsuit claims he is owed approximately $5,791.50 in supposedly unpaid overtime.