On August 3, 2024, an employee of Puff for Tobacco, a chain of vape shops in Ohio, filed a putative collective and class action lawsuit in federal court against her former employer on behalf of herself and other similarly situated employees to recover unpaid minimum wages and overtime compensation. Specifically, the plaintiff asserts that the vape shop and its owner violated the Fair Labor Standards Act (FLSA) and Ohio state law by requiring her and other employees to work between 60-100 hours per week without paying the minimum wages owed under the law or any overtime compensation for any hours worked in excess of 40. The plaintiff further alleges that not only were those unpaid hours spent working in the vape shop, but also attending mandatory dinners with the store owner after regular work hours. The lawsuit seeks backpay, liquidated damages (i.e., double damages under the FLSA and treble damages under Ohio law), interest, and reasonable attorneys’ fees and costs. The case is styled Noel v. Puff for Tobacco LLC, No. 2:24-cv-03811 (S.D. Ohio).
Under federal and state law, an employer must pay employees at least the applicable minimum wage for all hours worked. Employers must also pay non-exempt employees at a time and one-half rate for all hours the employee is “suffered or permitted” to work in excess of 40 in a workweek. This is true regardless of whether an employee is paid in cash, whether they receive tips, or whether they are performing work that the employer did not explicitly direct them to perform. Simply put, you cannot volunteer to work for free for your employer. If your employer knows or should have known that you were working, the employer must pay you for that work time.
If you believe you have not been paid the minimum wages or overtime, contact MSE today at info@mselaborlaw.com to schedule a consultation with an experienced labor and employment attorney and to learn more about your rights.
