BLOG

Jimmy John’s Asst. Managers Sue Over ‘Executive’ Label

By Leeds Brown Law | January 16, 2015

by Joe Van Acker at Law360

New York ( January 06, 2015, 3:38 PM ET) -- Jimmy John's LLC owes its assistant store managers overtime wages for improperly classifying them as "executives" despite the fact that they primarily make sandwiches, according to a potential class action filed in Florida federal court on Monday.

Three former assistant store managers filed the suit, which claims Jimmy John's willfully violated the Fair Labor Standards Act by misclassifying them as exempt from the law's overtime pay provisions. The salaried employees said they work an average of at least 50 hours per week and their duties don't differ substantially from those of hourly employees.

"As an experienced and practical employer operating over 2,000 restaurants throughout the country, defendants were aware or recklessly disregarded the fact that plaintiffs and other similarly situated [assistant store managers] were primarily performing nonexempt duties and not performing activities that would suffice to make their actual job duties comply with any FLSA exemption," the complaint said.

The assistant managers said that Jimmy John's failed to perform a person-by-person analysis of their duties before making the decision to classify them as executives, and that the sandwich chain's authorized agents had witnessed firsthand the manual nature of their work.

The complaint said that the assistant managers spend most of their time working the sandwich line, filling orders for customers, operating the cash register, cleaning the restaurant and stocking items, and have no control over hiring, firing, employee discipline or general business operations.

Jimmy John's, rather than its franchisees, controls all aspects of its restaurants, from the layout and design to employee compensation, the complaint said.

The named plaintiffs worked in Jimmy John's restaurants located in Florida, Alabama and Illinois, and seek to create a class comprising all current and former assistant store managers nationwide. They said that Jimmy John's has locations in 44 states and Washington, D.C.

According to the complaint, the company's alleged violations were willful, and therefore the assistant managers' claims are subject to a three-year statute of limitations.

The parties did not immediately respond for requests for comment on Tuesday.

The plaintiffs are represented by Camar R. Jones of Shavitz Law Group PA, Seth Lesser of Klafter Olsen & Lesser LLP, Ossai Miazad and Justin Swartz of Outten & Golden LLP and Gregg Shavitz of Shavitz Law Group PA.

Counsel information for Jimmy John's was not immediately available on Tuesday.

The case is Rodriguez et al. v. Jimmy John's LLC et al., case number 3:15-CV-00002 in the U.S. District Court for the Middle District of Florida.

—-Editing by Stephen Berg

Free Consultation

Testimonials

Shortly after beginning medical school, I experienced some academic difficulties. After seeing my physicians, I was diagnosed with ADHD. After I started receiving specific treatment for ADHD, I requested the school to accommodate me for the disability as recommended by my physician. One of the requests made was for extended time to take my exams. The extension of time was granted...

~Kenneth Broodo, Esq.

Partner at Gardere Wynne Sewell LLP
I hired Lenard Leeds, Esq. to assist me with my wrongful termination. I was let go of my position because of my age. I was not only told to take a decrease in pay but also required to work fewer hours to do the same job. Additionally, they kept asking me “When are you going to retire?” I visited the...

~SanFranReview

I want to thank you again for assisting me in overseeing my issues with my employer. This is the second time I have used Lenard Leeds, Esq. to fight for me. This time I was a National Sales Manager of a drug company, where acts of discrimination based on my age, national origin and retaliation took place. Mr. Leeds and...

~Law Professor

Discrimination Case

$19 Million

Settlement Secured in a National Origin
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

LONG ISLAND

One Old Country Road, Suite 347 Carle Place, NY 11514

516-873-9550

get directions

DOWNTOWN

570 Lexington Avenue, Suite 1600A New York, NY 10022

212-661-4370

get directions

DOWNTOWN NYC

101 Greenwich Street, 22nd Floor New York, NY 10006

800-585-4658

get directions

©Copyright 2019 Leeds Brown Law, a top rated NYC employment law firm. All Rights Reserved. | Terms of Use | Privacy Policy | Disclaimer | Sitemap
The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls or communications. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us unless and until an attorney-client relationship has been established via a signed, written, retainer agreement. This website contains articles and commentary regarding certain jury verdicts. However, a jury verdict often does not reflect the actual amount that a plaintiff receives. Judges often reduce jury awards. Sometimes Judges add attorneys' fees and other damages to awards. As a result, final awards or settlements are often for different amounts than the amount awarded by the jury. Many of the jury awards discussed on the website, ended up being dramatically reduced. The depictions on the website that portray lawyers/clients are models and are not the actual lawyers/clients of the firm. The scenes depicted on this website are fictionalized. Some of the content herein is attorney advertising. Prior results do not guarantee similar outcomes. SEO By SEO Company and Web Designed by DelanceyStreet.com

Call Now!