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Wage Lawsuit Against KFC Will Not Be Dismissed

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In July 2011, Stephanie Klinger filed a Fair Labor Standards Act lawsuit against a Florida KFC claiming she was misclassified as exempt from receiving overtime compensation, and that she regularly worked more than 40 hours per week as assistant manager.

In August, KFC franchisee Phil Mook Enterprises asked U.S. District Judge James D. Wittemore to dismiss the suit as they had offered to reimburse Klinger for unpaid wages. Moot did not offer a settlement as an admittance of fault.

Judge Wittmore refused to dismiss the suits and said that Mook’s offer to reimburse Klinger was an attempt to deprive her of prevailing party status and of the relief she was seeking, including “an enforceable judgment, attorney’s fees, and costs,” QRSWeb reported.

An attorney for Klinger said, “Judge Whittemore’s ruling reinforces both the express provisions and the intent of the FLSA by ensuring that employers who violate the law are held fully accountable, and that employees can continue to enforce their rights in the courts when necessary.” disclaimer: This article: Wage Lawsuit Against KFC Will Not Be Dismissed was posted on Monday, September 19th, 2011 at 8:20 pm at and is filed under Employment Lawsuits.

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