Migliaccio & Rathod LLP is investigating Denny’s restaurants for misclassifying assistant managers to exempt them from overtime pay. Misclassification occurs when an employee with the job title of “Restaurant Manager,” “Assistant Manager,” “Shift Manager,” “Culinary Manager,” “Department Manager,” or another variation of that name spends most of their time doing the same work as those performed by hourly employees. In a restaurant environment, rather than making hiring and firing decisions—or performing other duties truly managerial in nature—misclassified assistant managers cook, seat customers, work as cashiers, run food, or clean. Despite performing the same duties as hourly employees, assistant managers receive no overtime pay.
Are You an Assistant Manager Performing the Same Duties as Those of Hourly Employees?
If your job title is “Restaurant Manager,” “Assistant Manager,” “Shift Manager,” “Culinary Manager,” “Department Manager,” or something similar, but your primary duties are not managerial in nature—with tasks like hiring, firing, analyzing reports, and making high-level strategic decisions—then you may be misclassified and may be due overtime pay. Please contact us for a free attorney evaluation by filling out the contact form on this page, call us at 202-470-3520, or send an email to firstname.lastname@example.org.
Representation You Can Trust
Our law firm has significant experience dealing with wage theft cases and have recovered millions for employees who believe they were misclassified. We represented Assistant Managers in Bob Evans restaurants who alleged they were misclassified as exempt from federal and state overtime law. After a landmark ruling on the application of the so-called “fluctuating workweek” method of payment, the lawsuit settled for 16.5 million. The gross recovery per class member was approximately $6,380. In issuing its order approving the settlement, the court took special note of the “competence of class counsel in prosecuting this complex litigation.” (Snodgrass v. Bob Evans)
Similarly, we represented Assistant Managers for Staples who brought claims against the company under the Fair Labor Standards Act. We served as a member of the trial team where the plaintiffs won a nearly $2.5 million verdict against Staples for unpaid overtime on behalf of 342 sales managers after a six-week jury trial. That litigation ultimately settled on a nationwide basis (excluding California) for $42 million. (Stillman v. Staples)
Disclaimer: past successes do not guarantee future results.
Attorneys Committed to Fighting Wage Theft
The lawyers at Migliaccio & Rathod LLP have years of experience in class action litigation against large corporations, including in cases involving wage theft and unfair & deceptive trade practices. More information about our current cases and investigations is available on our blog.