ACA.waitrday011.021519

Attendees look out over the festivities from a balcony in the new Waitr location during Waitr Day, a celebration of Waitr's move to it's new Jefferson Street location, Friday, February 15, 2019, in downtown Lafayette, La.

A Georgia woman has filed a federal lawsuit against Waitr, claiming the Louisiana-based company violated federal employment regulations by misclassifying her employment status and failing to pay her overtime.

Janna M. Banks, who began working for Waitr in October as a mobile restaurant success manager, claims in the suit she was a salaried employee and Waitr incorrectly classified her as an exempt employee, which allows an employer to not pay overtime. According to the suit, she and others in her position regularly more than 40 hours a week and were not paid time and a half, violating the Fair Labor Standards Act.

Banks and her attorney, Christopher L. Zaunbrecher, of Lafayette, filed the collective action suit in the Western District of Louisiana July 12. They are seeking back unpaid overtime wages and attorney’s fees.

The job should not be exempt because primary duties “were not directly related to the management or general business operations of the employer or the employer’s customers,” the suit read.

At Waitr, mobile restaurant success managers and restaurant success managers are responsible for onboarding new restaurants, instructing staff on Waitr’s operations and procedures, record keeping and other duties, the suit read.

Waitr, founded in 2013 in Lake Charles, primarily allows customers to order food from participating restaurants using an online app. Customers pay Waitr to pick up the food from the restaurant and deliver to the customer's home.

Waitr entered the Albany market last year and said it would hire 100 people in the area with plans to grow quickly in that market, according the Albany Herald.

The suit comes after two Waitr drivers filed a federal lawsuit earlier this year alleging the company misclassified them as independent contractors, thus not paying them minimum wage and overtime. The plaintiffs alleged they were paid only a delivery fee plus tips from patrons.

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Email Adam Daigle at adaigle@theadvocate.com.