these employees were 'managers' in name only because they did not have managerial duties or authority and should therefore have been properly classified as non-exempt employees.
San Diego, California (PRWEB) February 27, 2013
On January 14, 2013, the San Diego employment lawyers at Blumenthal, Nordrehaug & Bhowmik filed a class action on behalf of Assistant Managers working for Five Guys Burgers alleging that these employees were paid a fixed salary regardless of how many hours they worked and were never paid any overtime compensation. The case, entitled St. Clair v. Five Guys Operations, LLC, Case No. 37-2013-00030069-CU-OE-CTL is currently pending in the San Diego County Superior Court for the State of California.
Founding partner of Blumenthal, Nordrehaug & Bhowmik, Norman Blumenthal stated, "In recent years, an influx of California restaurant and retail class action lawsuits have been filed against restaurant chains and retail stores. If Managers and Assistant managers are misclassified as exempt, they may be owed overtime back pay."
According to the class action Complaint filed against Five Guys, the Five Guys Assistant Managers claim that salaried Assistant Managers employed at Five Guys' restaurants were improperly classified as exempt from California's overtime wage laws. Specifically, the Complaint alleges that the Assistant Managers spent the majority of their time taking orders, conducting prep work, including cutting lettuce, onions, and potatoes, as well as taking inventory and receiving product shipments. Thus, the Complaint states, these employees "were 'managers' in name only because they did not have managerial duties or authority and should therefore have been properly classified as non-exempt employees."
Blumenthal, Nordrehaug & Bhowmik is San Diego, San Francisco, and Los Angeles employment law firm that focuses on salaried employee claims involving overtime pay laws under the California Labor Code and Fair Labor Standards Act. If you think you have been incorrectly classified as exempt from overtime pay, contact Blumenthal, Nordrehaug & Bhowmik for a free confidential consultation by calling (866) 771-7099 or by clicking here.