Many families enjoy going to Bob Evans to enjoy a meal and have a nice time. Behind the scenes, the assistant managers are claiming that the experience is not quite as pleasant. Customers in California and across the country may be upset to hear that the company is allegedly not paying its employees in accordance with the law. The affected workers in turn have filed a lawsuit against the restaurant to reclaim the overtime pay they believe they are owed.
The company's assistant managers assert that they were required to work up to 50 hours a week and sometimes more. The workers were being paid a flat rate for the hours that they worked because they were classified as exempt. According to a law professor, workers who are paid a salary do not necessarily give up their right to overtime, and it is the FLSA that decides which employees should be paid overtime. Most times, those workers are any that are not in a managerial position.
The plaintiffs argue that they are doing the same jobs as the hourly workers. Some of these duties include washing dishes and cooking. They contend that they hardly ever perform supervisory functions. Other similarly situated workers have also joined the lawsuit.
There are two other pending cases of the same nature going on against Bob Evans. In this case, the judge decided that the assistant manager are to be paid one and a half times their rate of pay for any hours that they worked in excess of 40. This could result in a payout of nearly $6 million, and, if the other cases are also decided in favor of the workers, the payout could be close to $20 million. California workers who feel that they are in the same type of situation may choose to file claims against their employers in an attempt to collect the overtime pay and/or other wages to which they believe they are entitled.
Source: dispatch.com, "Bob Evans might pay out millions in overtime lawsuits", JD Malone, June 24, 2015