Burger King employees fired for picture of feet in lettuce

By Leeds Brown Law | August 10, 2012

A picture of an employee with his feet in lettuce bins at a Burger King in Mayfield Heights, Ohio recently showed up on the internet and on Facebook. As a result of the incident, the franchisee took immediate action by investigating the situation and terminated the three employees involved. The Burger King location in which it happened was an independently owned and operated by a Burger King franchisee. Food safety is a major priority at all Burger King restaurants. They maintain a zero-tolerance policy against these types of violations. See

While some employees’ jobs warrant termination, others must fight for their basic labor rights. The Fair Labor Standards Act (FLSA) is administered by the Wage and Hour Division (WHD) which contains the standards for minimum wages, overtime pay, recordkeeping, and child labor. Every employer covered by the FLSA must keep certain records for each worker. The records should be kept at the place of employment or in a central records office. Additionally, an employer must maintain records of information such as the employee’s full name, address, including zip code birth date (if younger than 19), sex and occupation, time and day of week when employee’s workweek begins, hours worked each day and total hours worked each workweek, the basis on which employee’s wages are paid (e.g., “$9 per hour”, “$440 a week”, “piecework”, and the regular hourly pay rate to name a few. Employers are required to preserve payroll records for at least 3 years, collective bargaining agreements, and sales and purchase records. For a full listing of the types of records an employer must maintain, see the Wage and Hour Division Fact Sheet #21: Recordkeeping Requirements Under the FLSA

If you or someone you know is not being fully compensated for all the time you work, or your employer has improperly calculated your hours worked, then you may be entitled to overtime and additional compensation. Leeds Brown Law, PC, our lawyers have extensive experience in handling employment disputes and knowledge in wage and hour law. Our office focuses on disputes dealing with overtime claims and wage and hour law violations, including violations resulting from improper wage and overtime calculations. We represent employees in wage and hour violations throughout Long Island and the New York City metropolitan area, as well as across the country. For a consultation, contact  Leeds Morelli & Brown, PC at 800-585-4658

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