NEW YORK — Apprentices working for Chipotle will be able to question or depose the company’s co-CEO after a recent California federal court judge’s decision. The lawsuit alleges Chipotle intentionally misclassified its apprentices, or assistant managers, as exempt from overtime and denied them the overtime wages to which they were entitled. The proposed collective action wage and overtime pay lawsuit was certified as a collective action in June 2013, but has been delayed by repeated problems with Chipotle failing or refusing to provide needed documents and testimony as part of the discovery process.
The Chipotle Claim
The apprentices filed their lawsuit in November 2012. In their lawsuit, Jay Ensor and Maxcimo Scott, the two named plaintiffs, claim they were misclassified as managerial employees and wrongfully exempt from overtime. The apprentices claim they spent the majority of their time operating cash registers and filling orders, instead of performing managerial tasks. Because the apprentices claim the misclassification was intentional, potential class members could receive damages of up to three years of unpaid overtime.
Chipotle, on the other hand, claims the apprentices performed managerial tasks, received the benefits associated with being management, and were paid a salary in accordance with FLSA exemption standards. Chipotle also claimed that the co-CEO’s testimony would be repetitive and not lead to any new information. However, the federal court judge determined that even if it is repetitive there is still the possibility that new information will be provided. According to the judge, the apprentices have the right to build their case, and thus has ordered the testimony.
Discovery In Overtime Claims
If a wage or overtime claim is not settled quickly, the parties will likely begin the process known as discovery. Because the courts do not expect each side to have all of the evidence, or in the case of many employees, any solid evidence, the courts require the parties to exchange the evidence they have. This is known as discovery. During discovery, each side will request certain documents they expect will provide relevant information to support their claim or disprove the other side’s claims. Discovery will also include a list of questions the parties believe will lead to answers that will either help their case or will lead to information that will help. Discovery may also include depositions, or interviews under oath, of key individuals.
There are many steps and processes in bringing an overtime claim. An experienced overtime pay lawyer can help walk you through these steps. If you believe your employer is not paying you for all of the hours you have worked or has misclassified your position, you may have a wage or overtime pay claim. Our top-rated team of overtime pay lawyers can be reached at (855) 754-2795. Or complete our Free Unpaid Overtime Case Review form and our knowledgeable legal team will evaluate your claim. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.