Assistant Manager Files Wage and Hour Suit Against Jason’s Deli

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An Arkansas man has filed a proposed collective action alleging he and other assistant managers at Jason’s Deli weren’t paid proper overtime wages when working more than 40 hours per week. The suit, which was filed against Deli Partners, LLC and two individuals, alleges that the plaintiff was paid on a salary basis and frequently worked overtime despite receiving one or more paychecks that did not contain time-and-a-half wages. The plaintiff alleges that he did not hire, fire or discipline other employees, and did not exercise independent judgment – two key indicators that an employee is exempt from overtime wages. Instead, the suit says, the man was responsible for lower level tasks such as making food, bussing tables and checking inventory. According to the suit, the defendants also deducted cash register shortages and payment for company-required name badges from assistant managers’ pay in violation of wage and hour law.