Subway Franchisee Required "Off the Clock" Work, Refused to Pay for It, Lawsuit Claims |
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Managers employed by Dallas Texas based Jaack Management Inc. have filed a class action lawsuit claiming that the company routinely requires its managers to work hours in excess of 40 per week without receiving overtime. The complaint alleges that such "off the clock" uncompensated hours are required by the company in violation of the federal Fair Labor Standards Act. The managers seek an award of the unpaid overtime together with interest, costs and other damages.
Jaack Management, Inc. owns a chain of Subway Restaurant franchises in the Dallas area and the plaintiff managers are employed at those restaurants. The managers claim that they are not exempt from overtime under federal labor law. Nonetheless, Jaack Management refused, as a matter of company policy, to pay the managers overtime. Instead it required that any hours in excess of 40 per week be worked "off the clock".
Under the federal Fair Labor Standards Act employers are required to pay all non exempt employees time and one half for all hours worked in excess of 40 per week.
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