JACKSONVILLE, Fla. — A group of Jimmy John’s assistant store managers are claiming the sandwich chain misclassified their positions and wrongfully denied them the overtime wages to which they were entitled. In their proposed class action overtime pay claim, the assistant managers claim the company classified them as “exempt” under the “executives” exemption, even though their primary responsibilities were similar to that of hourly employees. This overtime misclassification, they claim, was in violation of the Fair Labor Standards Act (FLSA).
The Store Manager Claims
The overtime pay lawsuit was filed by three former assistant store managers in Florida federal court at the start of the new year. The three former managers worked at Jimmy John’s locations in Alabama, Illinois, and Florida, but the class action claims the violations occurred in 44 states and Washington, D.C. The plaintiffs in the lawsuit are seeking to represent similarly situated assistant store managers who were denied earned overtime due to the misclassification. The assistant managers allege that they regularly worked at least 50 hours a week, and that by applying the executive exemption, Jimmy John’s wrongfully made the assistant managers exempt from overtime wages. The assistant managers in this lawsuit have not included the franchisees in their complaint because they claim Jimmy John’s, not the franchisees, control everything from store design to employee compensation.
According to their claim, the company allegedly failed to conduct person-by-person analyses before classifying the assistant managers as exempt. The assistant store managers alleged that while they may have a manager title, their responsibilities were not managerial and did not rise to the level required for the overtime exemption. They claimed their responsibilities primarily consisted of making sandwiches, cleaning the restaurant, stocking items, and working the cash register. The assistant managers claim they didn’t have authority or control over the hiring, firing or disciplining of other employees. Nor did they have authority in the making general business or operating decisions. Therefore they claim they were not actually “managers” and not exempt from overtime.
Executive Exemptions
The title “executive” can be misleading, as can job titles like “manager” and “supervisor.” The term may have initially been associated with employees who were actually company executives. But it has come to include employees who have the authority associated with those in executive positions. For instance, employees who are responsible for the operation of businesses or business units or who have the authority to make hiring or firing decisions can now be considered under the “executive” overtime exemption. Because of this, determining if an assistant manager or a supervisor is exempt is often very detail and fact dependent.
If you or someone you know is an assistant manager and you believe has been wrongfully denied overtime wages, you have a limited time to file a claim. Contact our team of knowledgeable overtime pay lawyers to discuss your options today at (855) 754-2795. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.