A store manager at Crumbs, a nationwide chain of cupcake bakeries, filed a class action lawsuit alleging that managers were denied overtime compensation, as required by the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). Crumbs allegedly misclassified their managers as exempt, denying them overtime.
The lawsuit claims that managers at Crumbs customarily and regularly performed non-exempt “Customer Service Associate” work, such as waiting on customers, making various coffee drinks, ringing up sales, and so on. The Complaint (PDF) states that less than ten percent of the managers’ workday was spent on management duties, and the management duties assigned to them were relatively unimportant and unsubstantial compared with the non-exempt duties they performed.
Attorneys for the workers seek unpaid overtime wages, liquidated damages, spread of hours pay under New York Labor Law, and attorneys’ fees and costs due to the alleged unfair labor practices of Crumbs.