Unpaid Overtime Class Action Filed Against Calif. BJ’s Restaurants

An unpaid overtime class action lawsuit was filed against BJ’s, a restaurant chain with 63 locations in California and more than 140 locations nationwide. The unpaid overtime class action lawsuit claims that the restaurant had not been paying overtime to certain assistant managers.

Tracy B., the plaintiff who filed the unpaid overtime class action lawsuit, was a front house assistant manager at a BJ’s restaurant in Richmond, Calif., for a little over a year. Her position was salaried and exempt from overtime, according to the unpaid overtime lawsuit.

Tracy allegedly worked 50-60 hours a week, according to the BJ’s unpaid overtime class action lawsuit.

According to California overtime laws, managers and other leadership positions may not be entitled to overtime, even if they are consistently working over 40 hours a week.

However, Tracy alleges that her position was not truly a management position. She stated in the BJ’s class action lawsuit that she, and others in her position, “spent the majority of their workweeks performing the same job functions as nonexempt hourly employees.”

Instead of managing the restaurant, as suggested by her job title, Tracy would perform tasks across the restaurant. The BJ’s unpaid overtime lawsuit lists roles such as “greeting and seating customers, providing customer service, busing tables, assisting with food preparation, cleaning, preparing take-out orders, and assisting servers and bartenders.” Essentially, she would do whatever needed to be done.

BJ’s assistant managers were allegedly trained to perform all of these tasks that are typically performed by nonexempt employees and were expected by BJ’s to perform these tasks regularly.

Tracy also says she did not have the power to hire new staff and fire employees on her own. She needed approval. This suggests that her position did not meet exempt overtime standards because the power to hire and fire is part of the definition of an exempt manager.

Tracy claims that she, and others in her position, were not given overtime pay if they had to miss a meal or rest period. The unpaid overtime lawsuit claims that front house assistant managers should be given overtime because they do not fit exempt overtime rules.

Unpaid Overtime Class Action Lawsuits

Many unpaid overtime class action lawsuits have been filed against companies that  allegedly wrongfully denied their employees overtime.

Employees have claimed that employers misclassified their positions, did not pay proper wages, kept employees working even though they were “off-the clock,” and were denied proper meals and breaks (or were not given overtime if these breaks were missed).

Many unpaid overtime class action lawsuits have cost companies millions of dollars in settlements. Novartis Pharmaceuticals Corp. paid $99 million in settlements in 2012, and H&R Block Enterprises Inc. paid $35 million.

Individuals like Tracy have filed wage and hour class action lawsuits across the country. This unpaid overtime class action lawsuit was filed in California’s Orange County Superior Court.

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