Gas Station Workers Face Retaliation After Demanding Overtime Pay

In the case of Zeeshan v. Zainab Petroleum, Inc., Sarah Zeeshan and Zeeshan Choudhry filed a lawsuit against Zainab Petroleum (Zainab), Gondal Petroleum (Gondal), and Budget Inn (Budget). for alleged violations of the Fair Labor Standards Act (FLSA). Zeeshan and Choudhry claimed that they were employed at gas stations operated by Zainab and Gondal, and a hotel operated by Budget. They alleged that their duties included cleaning rooms, managing the front desk, doing laundry at the hotel, handling accounting work, and closing the gas stations every night. Zeeshan and Choudhry claimed that despite working an average of 84 hours per week, they were not compensated for overtime.

Zeeshan and Choudhry further asserted that the court had jurisdiction over the case because the employers engaged in interstate commerce. They contended that the employers sold goods nationwide, transported goods across state lines, used interstate telephonic communications, and had annual gross sales exceeding $500,000, satisfying the FLSA’s jurisdictional requirements.

Additionally, Zeeshan and Choudhry claimed that Zainab, Gondal, and Budget were joint employers and that they had willfully and recklessly disregarded the FLSA provisions. Zeeshan and Choudhry sought “double damages” as a result. They also alleged that the employers retaliated against them for asserting their rights under the FLSA by filing a separate lawsuit in the District Court.

Zainab, Gondal, and Budget filed a motion for summary judgment. They argued that Zeeshan and Choudhry failed to provide sufficient evidence of minimum wage violations, establish subject matter jurisdiction, demonstrate exemption from the FLSA’s hotel/motel provision, and prove their damages. The employers also claimed that Zeeshan and Choudhry were independent contractors rather than employees. However, the court denied the motion for summary judgment, stating that there was no evidence to support their arguments. The case would proceed to trial to determine the outcome.

Key lessons from this case:
  • Employers who share employees and have operational control over a business can be held jointly liable for violations of overtime laws.
  • FLSA regulations apply to employers who are engaged in interstate commerce, such as conducting business transactions that involve interstate activities.
  • Employers are prohibited from retaliating against employees who assert their rights under the FLSA.

If you want to know more about overtime regulations, read our guide on Oklahoma Overtime Laws.

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