Jimmy John's has been sued by a group of assistant store managers for unpaid overtime.  The essence of the claim is that the primary or main duties of the assistant managers was food preparation and customer service, not management.  Jimmy John's had classified the assistant managers as exempt from overtime pay requirements under the managerial or "executive" exemption.  The lawsuit seeks certification as a class action and is pending in federal court in Jacksonville, Florida.

Source: WXIA-TV

This is what is known as a misclassification overtime case.  Jimmy John's claims that the assistant managers are exempt because they are paid on a salaried basis and they have some managerial or supervisory duties.  We have previously discussed these types of cases: Assistant Managers and Overtime.

We have previously reported on overtime suits filed by managers and store managers: Rite-Aid Store Managers Settle Overtime SuitAssistant Bank Branch Managers Settle Overtime SuitSupermarket Sued For Overtime by Co-Manager; Store Managers at Radio Shack Sue for Unpaid Overtime; and Store Managers at Harbor Freight Sue for Unpaid Overtime being only a few examples.

The job title of store manager does not necessarily mean that the employee is exempt from overtime; the employee's actual duties rather than their job title determine whether they are exempt.  See  Does a job title determine whether an employee is exempt from overtime pay requirements?  Are assistant managers exempt from overtime? 

Lexington, Kentucky overtime lawyer Robert Abell helps employees and individuals recover the overtime and wages they've earned but not been paid; contact him at 859-254-7076. 

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