The San Diego law firm of Blumenthal, Nordrehaug & Bhowmik has filed a class action lawsuit on behalf of Assistant Managers working for Five Guys Burgers. According to the class action Complaint, the family-started burgers and fries restaurant allegedly pay their Assistant Managers a fixed salary regardless of how many hours a manager worked. Further, despite working more than 40 hours a week, Assistant Managers are never paid any overtime compensation. The class action Complaint argues that the Assistant Managers are entitled to overtime pay because though classified as exempt employees, they actually are not exempt from Fair Labor Standards Act oversight. Five Guys Burgers’ Assistant Managers spent the majority of their time doing nonmanagerial tasks such as taking orders, conducting prep work, including cutting lettuce, onions, and potatoes.
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.
According to the Fair Labor Standards Act and California Labor Law, workers who work in excess of 40 hours per week or 8 hours per day are payable at one and a half times their regular hourly pay rate.
If you are an Assistant Manager with Five Guys Burgers call the experienced San Diego labor attorney today at Blumenthal, Nordrehaug & Bhowmik at (310) 981-3918. Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.