SAN DIEGO — Store Managers have filed a class-action lawsuit against Jack in the Box Inc., a chain of restaurants, citing alleged violations of the Fair Labor Standards Act (FLSA).
Kartik Patel filed a complaint on behalf of on behalf of himself and all others similarly situated on Oct. 13, in the U.S. District Court for the Southern District of California against Jack in the Box Inc. alleging that the chain of restaurants failed its duty to pay employees for all hours worked at a correct rate.
According to the complaint, the plaintiffs allege that, Kartik Patel and class members are current and former employees of the defendant who worked as salaried Store Managers, who were misclassified as exempt employees despite performing the same tasks as non-exempt employees most of their working hours. Additionally, they do not receive accurate wage statements reflecting their actual work hours, were not reimbursed for business expenditures like moving supplies between stores, were often denied meal and rest periods and were not paid all amounts owed after termination, thereby causing plaintiff and class members to suffer damages.
The plaintiffs hold Jack in the Box Inc. responsible because the defendant allegedly violated numerous provisions of the FLSA, including misclassifying job position, not allowing meal and rest breaks, failure to pay minimum, overtime and double time wages and failure to timely pay full wages upon resignation or termination.
The plaintiffs request a trial by jury and seek judgment in their favor, certify case as a class action, appoint class representative, damages, restitution, declaratory judgment, injunctive relief, attorneys' fees, costs of suit, interest and further relief as the court deems just. They are represented by Carolyn Hunt Cottrell of Schneider Wallace Cottrell Konecky Wotkyns LLP in Emeryville and John F. Edgar and Matthew T. Swift of Edgar Law Firm LLC in Kansas, Missouri.
U.S. District Court for the Southern District of California Case number 3:16-cv-02561