A law firm is investigating whether salaried Restaurant General Managers and Assistant Restaurant Managers who work(ed) for Long John Silver's, Inc. in any of its more than 700 company-owned fast seafood restaurants throughout the United States have been wrongfully denied overtime pay in violation of the Fair Labor Standards Act.
The Fair Labor Standards Act ("FLSA") allows salaried restaurant managers to be "exempted" from overtime pay only if they are paid on a "salary basis" as defined by the FLSA regulations. An employee is considered to be paid on a "salary basis if he or she regularly receives each pay period a predetermined amount constituting all or part of their compensation. This amount cannot be "subject to" reduction because of variations in the quality or quantity of the work performed. Generally, a manager will not be paid on a "salary basis" if his or her employer makes deductions from their salary based on the amount of work they perform during the workweek (the employer generally must pay the full weekly salary if the salaried employee works any part of the week) or makes disciplinary deductions in partial week increments; or if the employer makes deductions for cash register, inventory, or safe shortages; or if the employer makes deductions for absences for jury duty or attendance as a witness.
Importantly, even the possibility of salary docking -- absent actual deductions - is enough to destroy the exemption from overtime pay in certain circumstances.
The law firm believes 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 we believe 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 work(ed) for Long John Silver's, Inc. in any of its more than 700 company-owned fast seafood restaurants throughout the United States from December 17, 1998, forward is potentially eligible to recover back wages for overtime pay, liquidated damages (or double damages), and other damages under the FLSA, depending upon their dates of employment with Long John Silver's, Inc.
IMPORTANT: It is important to understand that the benefits of this additional recovery time will ONLY be available to present or former salaried Restaurant General Managers and Assistant Restaurant Managers of Long John Silver's, Inc., who take action to present and preserve their claims to recover the damages to which they are entitled.
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