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  • Writer's pictureDavid Manes

Restaurant Owner Who Failed To Pay Overtime Wages Fires Employee For Requesting Unpaid Wages.


Employee Files Lawsuit against Restaurant Owner for Unpaid Overtime Wages

Moen accepted a position with Liberty Lunch in 2012. His main job duties included working the cashier and general labor. Liberty Lunch’s owner also owned nearby Singh’s Bar and Grill and Indian Cafe. Although Moen was originally hired to work at Liberty Lunch, the owner soon expected him to work between the three locations as needed.

During that time, Moen remembered that he was never required to clock in or out. He even suspected that the restaurant management was not tracking his hours.According to Moen, he started with an hourly wage of $5 but eventually started to receive $8. His hours were extreme. Moen often opened and closed the restaurant, and he claims he was routinely assigned to working 7 days a week. During that time, Moen remembered that he was never required to clock in or out. He even suspected that the restaurant management was not tracking his hours. The restaurant owner would allegedly call Moen to give him his work schedule, and that was it. Moen shared that his weekly payment was in cash and never included payment for hours he worked overtime.

waitress with a mug and hand on hip

Despite the lack of employee rights posters in the restaurant, Moen knew he should have received overtime wages since he worked 14-hour days during busy weeks. When he discussed the problem with management level employees, nothing was done. Moen finally reached out to the owner of the restaurants to address his overtime wages. Within days of asking the owner for overtime wages, Moen was terminated.

Moen presumes that he was terminated because he requested his rightful overtime wages for his time worked. After all, this is a right extended to employees in the United States. No employee deserves to be terminated for asking their employer to abide by the law. KM&A defends the rights of employees like Moen, who are taken advantage of and not paid their rightfully earned overtime wages.

Full text of this complaint, as filed with the District Court for the Eastern District of Pennsylvania, is available at docket no: 5:17-cv-04609-JLS

Kraemer, Manes & Associates LLC is an employment law firm with principal offices in Pittsburgh and Philadelphia, serving all counties in Pennsylvania, focusing on employment law, business law, litigation, and civil issues. KM&A clients include employees, small businesses, parties in litigation, and people with a variety of legal issues.

For more information about this case, contact Attorney Jonathan Chase at 215-475-3504 or at

NOTICE: All information contained in this statement comes from the Complaint which has been filed as a public record with the court. As dedicated civil rights attorneys, we strongly believe in the public value of telling our clients’ stories: violators can be held accountable, and other silent victims can feel empowered to stand up for their legal rights. Although we make every attempt to verify our clients’ claims, note that the defendant is expected to oppose our client’s position, and the court has not ruled one way or the other as of the date of this statement.

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