Arby's Overtime Pay Wage & Hour Laws
Arby’s Overtime Lawsuits: Wage & Hour Laws

Arby’s Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about Arby’s:

What is Arby’s?

Arby’s is the second largest quick-service sandwich chain in the U.S. It was established in 1964, and employs more than 70,000 people.

Arby’s currently has 956 company-owned restaurants and 2,448 franchised restaurants in the United States, United Arab Emirates, Turkey, and Qatar.  The company’s corporate headquarters are located in Sandy Springs, Georgia.

Who Does Arby’s Employ?

Arby’s employs about 74,000 people. Our experienced overtime pay lawyers handle cases for all Arby’s employees, including the following:

  • Food prep workers
  • Cooks
  • Cashiers
  • Store managers
  • Assistant managers
  • Maintenance workers

Where is Arby’s Located?

Arby’s corporate headquarters is located in Sandy Springs, Georgia. The company has expanded to have restaurants and franchises throughout the United States, United Arab Emirates, Turkey, and Qatar. Some of the U.S. locations include:

Arby’s Overtime Pay Lawsuit News

What are the Laws for Arby’s Employee Overtime Pay?

Under the Fair Labor Standard Act (FLSA), many Arby’s employees are considered non-exempt and therefore entitled to overtime pay.

If an employee is non-exempt under the FLSA, the law requires that they are paid overtime wages of one and one-half times their regular rate of pay for every hour past 40 in one week.

The FLSA has several exemptions, however, that would preclude employees from receiving overtime pay. For example, employees with “adminstrative” or “professional” roles may fall under these exemptions.

It is important to note that exemption is not determined solely based on job title. Rather, job description, job duties, rate of pay, and hours worked are used to determine if an employee should receive overtime pay.

On top of the FLSA, some states have their own overtime pay laws. These laws may complement or contradict the FLSA, so it is important to consult an experienced attorney who is familiar with all the applicable overtime pay laws.

Is an Arby’s Employee Entitled to Overtime Pay?

Arby’s employees are often required to work double shifts, as well as additional time before and after their scheduled shift. As a result, many Arby’s employees end up working more than 40 hours per week, and are therefore entitled to overtime pay.

Employees who are exempt under the FLSA are not entitled to overtime pay. Whether or not an Arby’s employee falls under the “administrative” or “professional” exemptions is determine based on job description, job duties, rate of pay, and number of hours worked.

Employers often deny or unlawfully refuse to pay overtime by misclassifying the positions of the workers, claiming that they are exempt when, in reality, they are not. For example, restaurant managers may be classified by the company as exempt based on their “manager” title; in some cases, however, their actual job duties may reflect a non-exempt classification.

Arby’s may also require their employees to report to work early but not “punch the clock” until later or strike hours off of time cards, or they may refuse to pay employees for work done before the shift starts and after they punch out for the day. These are violations of the Fair Labor Standards Act (FLSA) and can give rise to an overtime pay lawsuit.

An experienced overtime pay attorney will be able to analyze your case in the context of the FLSA and your state’s laws to determine if you are due overtime wages from Arby’s.

Does Arby’s Have to Pay Overtime Wages to its Employees?

In many cases Arby’s is required to pay overtime wages to employees that work more than 40 hours in one week. This excludes employees who are considered exempt under the FLSA.

Exemption is not cut and dry; the FLSA is a complicated law and state laws can complicate the picture even further.

If you believe that Arby’s owes you overtime pay, it is best to consult an attorney who has experience with the FLSA and state overtime wage laws.

To determine whether you are eligible for filing a wage claim, contact our experienced Arby’s Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page.  We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

Has Arby’s Been Involved in Overtime Pay Lawsuits?

Over the past several years, current or former employees have brought a number of lawsuits against restaurant chains like Arby’s in an effort to reclaim lost overtime wages. If you believe Arby’s is denying you overtime wages, you could have a case similar to that of a previous lawsuit. Here are a few examples of such lawsuits:

  • In 2016, for the first time ever, McDonald’s agreed to settle wage and labor class action claims with franchise workers, who claim the global fast food chain is a joint employer and should be held responsible for paying back unpaid overtime and other wages. The suit, filed in U.S. District Court in San Francisco, requires a final sign off from a federal judge before the $3.75 settlement can be divided amongst the plaintiffs. Approximately 800 employees from five franchises across the state are expected to share in the award.
  • A former management trainee for fast food company Chipotle Mexican Grill recently filed a federal class action unpaid overtime lawsuit against the company, alleging the defendant should have paid her and other workers overtime under changes to the FLSA. The unpaid overtime class action lawsuit, filed in U.S. District Court in the District of New Jersey, claims that Chipotle should have continued to pay management trainees under the FLSA updates, despite an injunction put in place by the Texas federal judge.
  • A former manager for a Charlotte, North Carolina Bojangles fried chicken restaurant recently filed an unpaid overtime class action lawsuit against the company claiming that the defendant intentionally misclassified workers as “managers” to make them overtime-exempt, but that these employees performed roughly the same duties as hourly employees entitled to overtime.

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