Many of the Johnny Rockets employees fall under the non-exempt category of employment and MUST be paid overtime wages according to the guidelines laid out in the Fair Labor Standard Act (FLSA). The FLSA sets the overtime rate for non-exempt employees at time and one-half their standard rate of pay for any time worked over 40 hours in a single week.
The FLSA regulations do not apply to “administrative” or “professional” employees due to exemptions preventing specific categories of employees from receiving overtime pay.
Exemptions are not based entirely on one’s job title, however. Whether or not an employee should receive overtime pay is calculated by the hours worked, the rate of pay, the job duties, and even the job description.
It’s always a good idea to speak with an attorney with experience in overtime pay laws due to issues with additional state laws governing overtime pay. These laws sometimes overlap federal laws and further complicate or contradict the FLSA.
What is Johnny Rockets?
Doing business as Johnny Rockets, The Johnny Rockets Group Inc. is an American restaurant franchise whose themed decor is based upon 1950s diner-style restaurant. Decor includes Coca-cola advertising, featuring nearly life-sized cardboard illustrations of women in World War II armed services uniforms, individual jukebox stations, chrome accents and red vinyl seats. The staff at locations are known to sing and dance every half-hour, and the franchise has trademarked making a smiley face with ketchup on the paper plate when serving French Fries. The menu, presentation, counter seating, and grilling area are based on an original restaurant from 1947. Today, the company reports having over 300 locations worldwide, with an operating revenue of $47.8 million. The company, which is primarily a burger restaurant, is recognized for its iconic red sigil bearing the Johnny Rockets name by burger enthusiasts and enterprising franchisees alike.
Can Johnny Rockets Employees Earn Overtime Wages?
Numerous non-exempt Johnny Rockets employees may be required to start before their shifts or even work after their shifts finish off the clock. It is not uncommon for employees to work double shifts as well. Because of this, if many Johnny Rockets employees exceed 40 working hours in a single week, they should receive overtime pay.
Employers have been known to illegally misclassify positions to avoid paying overtime. For instance, Johnny Rockets shift or location managers may have been labeled “managers” with the goal of marking them exempt from overtime pay. However, these employees are in fact non-exempt because of the nature of their job duties.
Often companies label employees as managers even though they do not fill vital roles for the business. The FLSA dictates that “managers” must have specific abilities, for instance, hiring or firing employees, making schedules, or completing other tasks that are essential to the running of the business. Typically these employees do not perform these duties and are instead only labeled as managers for employers to save money by avoiding paying overtime.
Another unlawful practice that the Johnny Rockets may perform is having employees clock in before a shift or asking them to stay after a shift without compensating them. This practice of manipulating time cards to keep payroll costs down is a violation of the FLSA and can result in a lawsuit.
How Can a FLSA Lawyer Help You
An experienced lawyer can analyze your case and see if you are entitled to lost overtime wages from Johnny Rockets by evaluating how state and federal laws apply to your situation.
Does Johnny Rockets Have to Pay Overtime Wages to Employees?
For the most part, Johnny Rockets must pay overtime to non-exempt employees who work more than 40 hours in a week as long as they are not excluded by the FLSA. However, these exemptions become more complicated by some states that have additional laws governing them.
If you feel like you have been denied overtime wages, then it is in your best interest to consult an attorney with FLSA experience and knowledge of state overtime laws.
Are There Other Overtime Pay Lawsuits Involving Johnny Rockets?
Here are a few examples from the many previous lawsuits that have been issued against other employers for failing to pay overtime wages:
- According to Justia. in 2009, Luis Soto sued Johnny Rockets for FLSA violations during his employment
- Although not a labnor suit, in 2017 Johnny Rockets settled a class action lawsuit for $37 million for violations to the Fair and Accurate Credit Transactions Act (FACTA).
If you feel as though Johnny Rockets or any another employer has denied you overtime wages, you could have a case. Please get in touch with the Lemberg Law legal team. Complete our form for a FREE case evaluation, or call 844-685-9200 NOW. Lemberg Law will evaluate your case as see if you are eligible to receive lost overtime wages as a non-exempt employee.