LOS ANGELES — Managers working for Tavistock Freebirds, LLC, have filed a potential class action overtime pay lawsuit against the company recently in California state court. The managers claim the company misclassified their positions as exempt from overtime and denied them the overtime wages they were entitled to when they worked more than 40 hours in a workweek, in violation of California state labor laws. The fast food burrito chain also allegedly failed to provide meal breaks for the managers which resulted in additional wage violations under state law.
Burrito Manager Claim
According to the Freebirds’ World Burrito managers, the company classified their position as exempt from overtime. However, the managers claim they did not have the authority or the responsibilities associated with exempt status under state law. In their claim, the managers state that nearly all of their time on the clock was spent performing work similar to that of hourly employees.
For instance, the managers claim they greeted customers, washed dishes, cooked food, took inventory, and worked the cash register. These tasks are not associated with any exemption from overtime under either state or federal law. Furthermore, the managers claim they frequently worked more than eight hours per day and more than 40 hours each workweek. Because the managers were classified as exempt, they were not entitled to overtime for the extra hours they worked.
In addition to the alleged misclassification and overtime violations, the managers claim they did not receive or were not able to take meal breaks during their shifts. If an employer offers meal breaks, the employer is not required to pay the employee for the time spent during the break. However, if the employee is not allowed to use the provided meal break or the meal break is not duty free and uninterrupted; the employer is typically required to pay the employee for the time which would have been their meal break. And under California labor law, if an employee is not allowed their state-mandated meal break, the employer is required to pay a premium in addition to compensating the employee for the time they worked during their meal break. The Freebirds’ managers claim they did not receive this premium either.
The majority of fast food employees, whether managers or hourly employees, are entitled to overtime wages when they work more than 40 hours in a workweek. If your employer has denied you the wages you believe you have earned, call our experienced team of overtime pay lawyers today at (855) 754-2795 to discuss your situation. Or complete the Free Unpaid Overtime Case Review form and our knowledgeable legal team will evaluate your case. 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. Time is limited for filing wage and overtime complaints so it is important to call today!