Lancer Hospitality Sued for Paying Hourly Employees Straight Time Only and No Overtime Pay

On February 12, 2020, a server initiated a putative collective and class action lawsuit against Lancer Food Holdings, LLC (d/b/a Lancer Hospitality, Inc.) and Lancer Management Services, Inc. (collectively “Lancer Hospitality”) for unpaid overtime compensation.

The Complaint alleges that Lancer Hospitality paid its hourly employees, such as servers, bartenders, and cashiers (and other hourly employees), their regular hourly rate (“straight time”) for all hours worked and did not typically pay an overtime premium when they worked overtime hours.  It also alleges that on occasions the company did pay overtime, it paid it at the wrong rate.

The case was filed as a putative collective action under the federal Fair Labor Standards Act for all hourly employees across the country, and as a class action under Minnesota state law for those who worked in Minnesota. The case seeks to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily permitted relief.

According to its website, Lancer is a premier catering and hospitality company that provides food services to campus dining, K-12 lunch programs, corporate dining, restaurant management, large-scale food service and retail operations at premiere public venues, and cultural attractions across the country. Lancer has over 2,500 employees and manages services in Minnesota, Washington, Utah, Tennessee, Oklahoma, Texas, Arizona, and Philadelphia.

Michele Fisher, a partner with Nichols Kaster, PLLP representing the employees, explained, “when hourly workers work overtime hours, they are typically entitled to 1.5 times their regular rate of pay for those hours. When companies pay straight time only for all hours worked, including overtime hours, that should be a red flag to an employer and employee that the workers likely are not getting paid what they are owed.”

The employees are represented by Michele R. Fisher of Nichols Kaster, PLLP, which has offices in Minnesota and California. The case is entitled, Gardner et al v. Lancer Food Holdings, LLC (d/b/a/ Lancer Hospitality) and Lancer Management Services, Inc., Case No. 0:20-cv-00493 (District of Minnesota).  

Additional information about the case and how couriers can make a claim can be found at or by calling Nichols Kaster, PLLP toll-free at (877) 344-4628.