OKLAHOMA CITY — The U.S. Department of Labor has filed a federal lawsuit against Not Your Average Joe, an Oklahoma coffee shop and nonprofit that employs hundreds of individuals with developmental disabilities across three locations statewide.
The lawsuit alleges that the disability-inclusive employer violated federally required wage and hour practices by failing to pay overtime and improperly distributing tips, as well as violating child labor laws by having minors routinely operate heavy machinery, including industrial dough mixers. The lawsuit also alleges the cafe had at least one minor working more than three hours on a school day.
The lawsuit claims the company made staff clock out for breaks under 20 minutes, which drove some low-wage workers’ pay below the federal minimum, according to the suit. It also alleges Not Your Average Joe refused to pay for work over 40 hours a week, treating it as unpaid volunteer time.
Employment laws apply equally to every worker regardless of ability, said Oklahoma disability advocate and attorney George McCaffrey.
“Even if a person is disabled, they are entitled to overtime if they work over 40 hours,” McCaffrey said. “Those are violations of both state and federal law if any employee is being denied overtime or if they’re not paying the minimum wage.”
McCaffrey noted that federal compliance requires accurate tracking of every hour worked to ensure proper pay.
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