Class Certification is Granted in Overtime Lawsuit Against Claim Jumper Restaurants
October 4, 2004
Business Wire
Orange County, CA– In a decision released September 30th, Judge Ronald L. Bauer ruled that a lawsuit for overtime wages brought by Assistant Kitchen Managers against CWN Management, Inc. dba Claim Jumper Restaurants can proceed as a class action. The class includes all past and present Assistant Kitchen Managers who have worked at Claim Jumper restaurants in California since January 11, 1998 to present.
CWN Management, Inc. owns and operates 23 Claim Jumper Restaurants in California. The lawsuit alleges that Claim Jumper improperly failed to pay overtime to its Assistant Kitchen Managers. “These are very dedicated, hardworking people” said John Quisenberry, an attorney representing the class. “Claim Jumper admits their employees must work 55 to 65 hours a week, but refuses to pay them for more than 40 hours.”
California law requires employers to pay overtime for all employees, unless the employer can show that an exemption applies. Claim Jumper contends that its Assistant Kitchen Managers fall under the executive exemption because they spend more than half their working hours managing the business and performing managerial tasks. But the plaintiffs disagree. “These employees are very skilled at their job, and are major contributors to the success Claim Jumper enjoys. But their job requires them to spend the majority of time on tasks which entitle them to overtime pay under California law,” said Susan Abitanta, an attorney with The Quisenberry Law Firm in Los Angeles which represents the plaintiffs in this case.
In this case against Claim Jumper, the company limited the number of payroll hours that each restaurant had available to pay hourly employees who would perform the non-managerial tasks such as preparing food, cooking, cleaning, and monitoring the quality of the food served. Since there were not enough payroll hours in the budget, the complaint alleges, the Assistant Kitchen Managers were forced to spend much of their time performing the duties of the hourly employees and working extremely long hours without extra pay.
“Claim Jumper has been in business for more than 27 years. Hopefully this lawsuit will prompt the company to comply with the law and pay overtime to the employees who deserve it most,” stated John Quisenberry.
The court’s ruling certifying the class does not decide whether the class members are eligible for overtime or the amount of overtime pay they will receive. The court will determine whether Claim Jumper is liable, and if so, how much overtime pay is due to the class members later in the suit.
For information, please contact :
Jennifer Reynolds
Marketing Director
310-785-7966
jreynolds@quislaw.com
