Managers of Papa Gino’s, an Italian restaurant chain found throughout Massachusetts and New England, have sued for overtime and breach of contract. The named plaintiffs of the class action lawsuit, filed in the District Court of Massachusetts, held the titles of assistant manager, manager in training, and general manager throughout their employment by defendants. Though the plaintiffs had managerial titles they almost exclusively performed non-exempt, non-managerial work that hourly employees also performed. Their duties consisted of answering the phone, taking and preparing food orders, working at the grill and cash register, and cleaning.
The lawsuit alleges that defendants did not pay plaintiffs or other similarly situated “managers” for any hours worked in excess of forty each week, and that the restaurant shaved their hours. Their paystubs, for example, indicated forty hours of work per week, regardless of the number of hours actually worked. The workers claim that they were misclassified as managers, and they should have been paid overtime because.
Attorneys for the workers claim that the defendants violated the Fair Labor Standards Act (FLSA), Massachusetts Overtime Law, and Massachusetts common law. The employees are seeking back pay, liquidated damages, and attorneys’ fee as a result of Papa Gino’s alleged unlawful pay practices.