July 16, 2018 / 8:40 PM / a month ago

Restaurant trade group says OT pay row highlights FLSA's 'darker side'

The National Restaurant Association has told a U.S. appeals court that it was “cruel and opportunistic” for a former Chipotle Mexican Grill Inc employee and her lawyers to claim in a lawsuit against the company that a judge’s ruling blocking an Obama-era overtime pay rule did not stop it from taking effect.

The Restaurant Law Center, the NRA’s legal arm, in an amicus brief filed with the 5th U.S. Circuit Court of Appeals on Friday said Carmen Alvarez’s 2017 lawsuit against Chipotle showed the “darker side” of the Fair Labor Standards Act and had sowed uncertainty nationwide about the legal standard for determining overtime eligibility. The group asked the court to affirm a ruling that held Alvarez and her lawyers in contempt for bringing the case.

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