Assistant managers at Panera Bread argue they aren’t being paid fairly for their time because the employer has misclassified workers.
Certain workers are exempted from federal and state overtime protections based on the specifics of their job, but misclassification might illegally deprive employees of overtime pay and other protections. Two plaintiffs have come forward on behalf of themselves and others in similar situations and have lodged a Panera overtime lawsuit. The purpose of the legal action, as stated in their complaint, is to recover overtime compensation for Panera Bread Compan’s assistant managers.
Panera Overtime Lawsuit Claims Misclassification of Employees
According to the Panera overtime lawsuit, assistant managers were illegally classified as exempt from overtime protections and because of the misclassification, they were not paid overtime for working more than 40 hours in a given work week. They allege violations of the Fair Labor Standards Act (FSLA) as well as the Wasington DC Wage Payment and Wage Collection Law and the Washington DC Minimum Wage Act.
One of the plaintiffs in the Panera overtime lawsuit was employed by the company between April and October of 2015 at the Wisconsin Avenue location in Washington DC. According to his claims, he regularly worked more than 40 hours per week, averaging 60 hours in some weeks and was never paid overtime. The plaintiff alleges that he was a covered employee under the FLSA and Washington DC laws.
The other plaintiff in the lawsuit was employed as an assistant manager between October 2013 and September 2015, working at a Birmingham, Ala. branch of Panera Bread. He allegedly worked more than 40 hours a week and usually worked between 55 and 60 hours per week without being paid overtime. He alleges that he was a covered employee under the Fair Labor Standards Act.
Employees File Legal Claims Alleging Misclassification
According to the Panera overtime lawsuit, assistant managers working for the company were classified as exempt from overtime, but the nature of their job duties indeed qualified them for overtime protections afforded by both federal laws and local acts.
Not all employees are eligible to receive overtime pay. Employees covered under the Fair Labor Standards Act, however, have to receive pay at least one and a half times their usual hourly rate if they are engaged in work beyond forty hours per week.
Certain professional, administrative, and executive positions are exempted from overtime pay protections. If an employer misclassifies an employee, however, that employee can claim missed overtime pay under the FLSA.
If you or someone you know believes you may have grounds to pursue a wage and hour claim as a result of your employer’s failure to pay overtime, swift and prompt action is strongly recommended to protect your interests.
The Panera Overtime Lawsuit is Meyer & Cornelius v. Panera Bread Company, Case No. 1:17-cv-02565 in the United Stated District Court for the District of Columbia.
Contact the attorneys at Bradley/Grombacher today by scheduling a consultation to discuss your overtime lawsuit- fill out the form on this page if you think should have received overtime pay and you didn’t.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.