Arkansas Subway Franchisee Hit with Wage and Hour Lawsuit

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A Fort Smith, Arkansas Subway restaurant operator finds itself as the defendant in a lawsuit filed by a former employee who alleges she was paid no overtime wages despite working more than 40 hours per week on a “regular basis.”

According to the suit, the plaintiff worked for defendant West Foods, Inc. from January until September 2018. The woman claims she and other hourly paid employees were required to start work at 7 a.m. yet were not allowed to clock in until 10 a.m., allegedly amounting to substantial off-the-clock work performed for no wages. The complaint adds that workers were similarly required to clock out at the end of their shifts yet remain on site for at least an extra hour to finish tasks around the restaurant, such as completing paperwork, inventory, and cleaning.

“As a direct result of Defendant’s policies, even though [the plaintiff] and other hourly-paid employees worked more than forty (40) hours in many weeks that they worked for [the defendant] during time period relevant to this Complaint, they were not compensated for all of their overtime hours worked,” the complaint states.