Lawsuit Accuses Jimmy John’s of Requiring Employees To Work Off The Clock

09/15/2014 (press release: CAWageHourLaw) // Eric Grover

Jimmy John’s has been added to the list of fast food companies that are allegedly stiffing their workers out of pay, after two former employees claimed the “freaky fast” sub shop is engaging in “systematic wage theft,” reports Oakland wage and hour lawyer Eric Grover of the Keller Grover law firm.


The lawsuit, which was filed in a federal court and is seeking class action status, claims that employees are regularly forced to work off the clock due to corporate’s low payroll budgets, which also awards managers with bonuses if labor costs are at or below a set amount. This is allegedly causing workers to complete work off the clock, which results in violations of minimum wage and overtime laws.


Jimmy John’s has “intentionally and repeatedly misrepresented the true time worked by their hourly employees” to keep costs low and avoid overtime laws, the complaint alleged, as reported by the Huffington Post.


Former Jimmy John’s employees Karolis Kubelskas and Emily Brunner claim they weren’t allowed adequate time to complete closing duties, which resulted in managers clocking them out, whether or not they were still working, so they could hit their targeted labor costs.  The plaintiffs assert that the company policy “has the practical effect of creating widespread wage theft.”


The lawsuit named the franchisee, JS Fort Group, and Jimmy John’s Enterprises as defendants.


Jimmy John’s has been accused of wage theft violations in the past, as a previous lawsuit filed last November accused a multi-franchise operator of violating minimum wage laws. The lawsuit contended that the vehicle expenses delivery drivers incurred as a result of their job resulted in their wages being below the minimum wage.


“Under no circumstance is it acceptable for a manager to clock out an employee while they are still completing job-related duties, regardless of what labor cost quotas may be,” says Eric Grover, an Oakland wage and hour lawyer. “It is every employer’s responsibility to set reasonable labor budgets that account for the realistic time it takes to complete any required tasks. Businesses can’t expect employees to work for free, any more than as they would consider giving their products away for free.”


Keller Grover a California wage and hour law firm has been helping victims of wage theft recover lost wages since 2005. To learn more about wage laws and if you’ve been a victim contact, Keller Grover at 888.601.6939.

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