Labor Department sues local Popeye’s owner

The U.S. Department of Labor’s Wage and Hour Division filed a lawsuit earlier this month against the owner of two local Popeye’s restaurants for over $150,000 in minimum back wages and overtime pay.

Stanley W. Ware, who owns dozens of Popeye’s Chicken & Biscuit franchises under the Gonzales-based parent company Fundamental Provisions LLC, is accused of failing to pay 56 current and former general managers $153,843 as required by the Fair Labor Standards Act (FLSA).

The Wage and Hour Division, which enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements, filed the lawsuit in the Eastern District of Louisiana after a two-year investigation that covered 30 locations – 21 in Louisiana, six in Alabama and three in Florida.

Two of the Popeye’s restaurants are in the Tri-parish area – 13952 W. Main St. in Larose and 4556 La. Highway 1 in Raceland.

The lawsuit states that Fundamental Provisions deducted wages from store managers for cash shortages, food waste or spoilage.

According to the department, the executive exemption in FLSA precludes certain workers from the minimum wage and overtime requirements if certain duty and salary guarantees are met.

The investigation found that although the managers met the duties test, the weekly salary earned was not guaranteed. Therefore, the exemption was not applicable.

“Employers must fully comply with the Labor Department’s wage and hour regulations,” said Cynthia Watson, southwest regional administrator for the Wage and Hour Division.

“Employees worked as many as 50 hours in a workweek,” she continued. “With this legal action, the department is seeking to recover the overtime and minimum back wages owed to them.”

In a statement, Popeye’s corporate officials said the restaurants in question are independently owned and operated. However, they agreed to cooperate with the department’s investigation.

“Popeye’s Louisiana Kitchen in no way condones or tolerates any form of improper conduct,” the company said. “The fair and appropriate treatment of all employees, including payment of earned wages, is of utmost importance to the brand. That commitment is unwavering.”

Efforts to contact Ware for this story were unsuccessful as of press time.