CHARLOTTE — A former manager for a Charlotte, North Carolina Bojangles fried chicken restaurant recently filed an unpaid overtime class action lawsuit against the company claiming the defendant shorted her and hundreds of others out of hard earned income. The suit, filed in federal district court for the Western District of North Carolina, alleges 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.
The claim speculates that as many as 400 other Bojangles employees could also join in the unpaid overtime lawsuit to recover lost wages, a hallmark of federal wage laws designed to ensure large groups similarly affected workers band together to recover wages. Although the lawsuit is still in its early stages, if enough workers join and the case is successful, the potential payout could be substantial.
The plaintiff in this case held the title of assistant unit director and was paid a weekly salary of around $625 for 50 to 70 hours of work. However, the plaintiff asserts that most of her tasks involved shared work with hourly employees for duties like cleaning, taking orders, serving customers, and preparing food.
Additionally, the plaintiff claims that her employer would classify her as an hourly employee and paid her less when it benefited the company, in such instances when she worked less than 40 hours per week. The case in an all too common example of the lengths may fast food franchises and corporations may go to in order to increase profits at the expense of honest, hardworking people.
The plaintiff’s lawsuit seeks one and a half times her hourly wage for all her hours on the job above the 40-hour overtime threshold, interest on back pay, and attorneys’ fees to cover the cost of liquidated damages. Should she be successful in her class action overtime lawsuit, the lead plaintiff may be entitled to further awards for leading the claim.
Fast Food Manager Unpaid Overtime Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.