Five Guys Burgers Assistant Managers File Alleged Unpaid Overtime Class Action Lawsuit

In Tennessee and all across the United States employees are entitled by law to receive overtime pay if they work more than forty hours in a single work week. As a Tennessee Overtime Pay Lawyer one of the most common overtime violations we see arises when a business calls and employee an “assistant manager” so they don’t have to pay overtime.

According to this class action lawsuit filed against the Five Guys Burger Restaurant,
the Five Guys Assistant Managers claim that salaried Assistant Managers employed at Five Guys’ restaurants were improperly classified as exempt from overtime wage laws. The complaint claims that the Assistant Managers spent the majority of their time taking orders, conducting prep work, including cutting lettuce, onions, and potatoes, as well as taking inventory and receiving product shipments. The complaint states, these employees “were ‘managers’ in name only because they did not have managerial duties or authority and should therefore have been properly classified as non-exempt employees.”

The lawsuit stated that, “If Managers and Assistant managers are misclassified as exempt, they may be owed overtime back pay,” according to the Fair Labor Standards Act.

Cases just like this one happen to hard working employees all across the country and even right here to Tennessee employees. If you or someone you know has worked overtime hours but failed to receive your proper overtime pay, we encourage you to contact one of our compassionate and experienced Tennessee employment overtime pay labor attorneys as soon as possible. We care about our clients and will work with you to see to it that you get the compensation that is rightfully yours.

Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options

Author Bio

Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.

Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.

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