Panera Faces Class Action Overtime Suit

by Norman B. Blumenthal on March 15, 2018

blumenthal nordrehaug bhowmik de blouw llp, california employment law, california employment law attorneys, overtime suit, overtime lawsuit, California overtime suit, California overtime lawsuit, class action overtime suit, class action suit, class action lawsuit, class action overtime lawsuitPanera, the fast-casual deli and bakery chain, is facing a class-action lawsuit filed by two former employees, Alan Meyer and David Cornelius, who claim they were not paid overtime wages they were owed during their time working as assistant managers. Both say they were unlawfully classified as exempt and both claim they regularly worked more than 40 hours a week without receiving the higher overtime wage required by law.

In fact, Meyer claims he frequently worked about 60 hours per week without overtime.

Federal employment law does exempt some managers from overtime regulations, but Meyer and Cornelius argue that in their job as assistant managers at Panera, their job duties were dominated by non-managerial work like customer service, cashiering, food prep and basic cleaning. According to the suit, Panera indulges in a pattern of FLSA violations including willfully failing to record all the time worked by employees and misclassifying employees as exempt. Plaintiffs allege that Panera willfully failed to timely pay its employees overtime wages and/or all wages earned for hours worked beyond the full time 40-hour work week.

Meyer and Cornelius are bringing the suit on their own behalf and on behalf of any other current and former assistant managers at the company who find they are in similar circumstances. Plaintiffs believe the class will include over 100 eligible employees. The Plaintiffs seek back wages, interest, liquidated damages, attorneys’ fees and other compensation that the court deems just. They request a trial by jury.

Panera is not new to the court room or allegations of overtime pay violations. In 2011, Panera paid $5 million to settle two other class-action lawsuits with similar allegations. And rumor has it that this is not the only active lawsuit listing Panera as Defendant.

If you have questions regarding FLSA overtime protections or if you are not being paid overtime that you earned, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

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