Hoover Foods Flame-Broiled with Unpaid Overtime Suit

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A former Wendy’s assistant manager has filed a class action against Hoover Foods, Inc. claiming he and proposed class members (Wendy’s assistant managers) were intentionally misclassified – in violation of the Fair Labor Standards Act (FLSA) – as employees exempt from overtime pay. Filed in Georgia, the lawsuit alleges proposed class members may be owed years of unpaid overtime compensation.

The complaint claims the plaintiff and similarly situated workers should never have been classified as exempt from receiving time-and-a-half hourly overtime pay because, even though they were titled as “managers,” their job duties did not include typical managerial tasks, such as hiring and firing employees.