Abraham Jewett  |  July 25, 2024

Category: Labor & Employment
Close up of Subway storefront signage, representing the Subway class action.
(Photo Credit: NP27/Shutterstock)

Subway class action lawsuit overview: 

  • Who: Harshilkumar Chaudhari filed a class action lawsuit against Subway. 
  • Why: Chaudhari claims that Subway fails to pay proper minimum wage and overtime wages to non-exempt employees who work more than 40 hours within a single work week. 
  • Where: The Subway class action lawsuit was filed in Illinois federal court. 

Subway failed to pay its non-exempt employees proper minimum wage and overtime wages, a new class action lawsuit alleges. 

Plaintiff Harshilkumar Chaudhari’s class action lawsuit claims Subway did not pay non-exempt employees overtime wages when they worked more than 40 hours during a work week. 

“Plaintiff routinely worked over forty (40) hours or more in a work week but Defendant just paid Plaintiff’s regular hourly rate on each paycheck not granting Plaintiff the overtime accumulated on the additional hours each week as well as not paying Plaintiff minimum wage,” the Subway class action claims. 

Chaudhari is seeking to represent a class of all current and former Subway employees who were not compensated with overtime wages during hours worked in excess of 40 hours within a work week. 

Subway must pay overtime wages, class action claims

Chaudhari argues Subway was required to pay its non-exempt employees overtime wages at a rate of one and one-half times their regular rate of pay for hours that were worked in excess of 40 hours per week. 

“As a result of these practices, Plaintiff is owed lost wages and liquidated damages as a result of not being paid overtime,” the Subway class action claimas. 

Chaudhari claims Subway violated the Fair Labor Standards Act and the Illinois Minimum Wage Law. He is demanding a jury trial and requesting an award of liquidated damages for himself and all class members. 

An individual filed a similar class action lawsuit against Popeyes and EBI Enterprises Inc. last month over claims the restaurant failed to provide legally-required meal and rest breaks and failed to pay employees all the wages they were owed. 

Have you been paid under the legal minimum wage while working at a food establishment? Let us know in the comments.

The plaintiff is represented by Chad W. Eisenback of Sulaiman Law Group, LTD. 

The Subway class action lawsuit is Chaudhari, et al. v. Subway, Case No. 1:24-cv-06021, in the U.S. District Court for the Northern District of Illinois.


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One thought on Subway class action alleges restaurant fails to pay Ill. employees min. wage, OT

  1. Maria Gonzalez says:

    I worked at subway and was underpaid. I was a minor at the time working 12 hour shifts at regular minimum wage.

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