Industry News | June 30, 2005

Possible Class Action Lawsuit Against Long John Silver's, Alleged Violation of FLSA

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Several reports claim that Long John Silver's is in violation of the Fair Labor Standards Act (FLSA), which details how employees should be paid for their work. Stewart, Estes and Donnell, a firm that specializes in employment law, is investigating and publicizing a class action lawsuit against the company for allegedly denying current or former restaurant managers overtime pay – a violation of the FLSA.

FLSA states that salaried managers are exempt from overtime pay only if they are paid on a "salary basis" as defined by regulations. A salaried, exempt employee receives regular pay of a predetermined amount; this amount cannot be subject to reduction due to variations in the quality or quantity of the work performed. The employer must pay the full salary whether the salaried employee works more or less than a 40-hour week. Any salary deductions due to unavoidable employee absences or cash register, inventory, or safe shortages could destroy the exempt employee status.

Stewart, Estes and Donnell believes that Long John Silver's policy and practice of requiring its salaried restaurant managers to pay cash register or other shortages is clearly illegal under federal wage and hour laws. By being subject to this policy it is believed that all Long John Silver's Restaurant General Managers and Assistant Restaurant Managers are legally non-exempt employees and are entitled to be paid overtime.

Any salaried Restaurant General Manager and Assistant Restaurant Manager who works or worked for Long John Silver's, Inc. in any of its more than 700 company-owned fast seafood restaurants throughout the United States from Dec. 17, 1998, to present is potentially eligible to recover back wages for overtime pay, liquidated damages, and other damages under the FLSA, based upon their dates of employment with Long John Silver's, Inc.

Current or former Long John Silver's restaurant managers are urged to complete a complaint form that will be privately evaluated by an employment lawyer at no charge.

For more information and to file a complaint, visit https://www.lawyersandsettlements.com/case/longjohnsilver_classaction.