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.

Comments

I submitted my information to you because I was a mgr for LJS from 1998 - 2001. I have moved and have not recieved any information as of late. Could you please contact me via email and I will provide updated contact information. I am very interested in pursuit of this class action suit.Bruce M. Lewis

I worked for ljs from oct 1994 til june 2005. Was salaried mgr. From 97 til 05. I was questioned. Spoke with a few people. Discussed shortages and overtime. That was a year ago. I just want to know what's happening with the lawsuit.

I RECENTLY MOVED AND HAVENT HEARD ANY INFORMATION ON THE CLASS ACTION. I WOULD LIKE TO UPDATE MY ADDRESS AND INFORMATION ALSO...

why havn't i got paid yet????????? Are you holding on to the money for interest for your self or or your firm going to steal are money??????????????????????? CALL ME 816-337-5120 I'M AT THE LIBRARY AND ME AND MY KIDS LIVE ON THE STREETS AND THIS MONEY COULD PUT US INTO A PLACE TO STAY.............

Well I've only worked as a manager for about 4 or 5 months and I knew that something was up with the overtime and the workmans comp. I first noticed it when I got injured by the produce stand collapsed and they put up a fight for a few hundred dollars.... lol Well thanks to some very driven managers I got my check today in the mail.... I got over $500 dollars, whcih came in hand for my wife's carnote... Man God is on time...Preciate cha!

Well thanks to some driven managers, I recieved a check in the mail today for over $500, and I only worked for them for a few short months before I found out that they were a terribly company, just based of prior experinces....So thanks alot, my wife was thrilled!

Well thanks to some driven managers, I recieved a check in the mail today for over $500, and I only worked for them for a few short months before I found out that they were a terribly company, just based of prior experinces....So thanks alot, my wife was thrilled!

Well thanks to some driven managers, I recieved a check in the mail today for over $500, and I only worked for them for a few short months before I found out that they were a terribly company, just based of prior experinces....So thanks alot, my wife was thrilled!

Just wondering whatever happened with this. I sent in information before but never recieved anything back. I did move over the years which may play a part in this. Please get back to me on this and let me know the status. I was a salary manager for LJS from 1998 to 2004 in the Danville, KY location.

I am a former empolyee of Long John Siliver's, why i respect the time frame that you used, I think you really need to look farther back because, I was there as a manager from 1985 to 1995 and they would reduce our pay if we for any resaon didn't work our full hours stating that we had to work a min. of 48 hours. After that they had us to stop clocking in so that your check stub would no longer show the 100 of pluse so hours you have worked. Again I am currently working for another large chain restruant that is doing the same thing. Thanks for helping those that you have already help, I know that it truly was a blessing for them in these hard times.

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