Potbelly Sandwich Works Hit with Unpaid Overtime Lawsuit

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Potbelly Sandwich Works, LLC is the defendant in a proposed class and collective action filed by two current and/or former employees who claim the defendant failed to pay its assistant managers proper overtime wages. According to the suit, the plaintiffs regularly worked at the defendant’s sandwich shops for more than 40 hours per week performing mostly manual duties that were similar in nature to the duties performed by non-exempt employees. Nevertheless, the complaint argues, the defendant employed a pay policy that excluded these assistant managers from receiving time-and-a-half overtime wages despite federal and state overtime requirements.

One of the plaintiffs further claims that he often worked more than 10 hours per workday without being paid spread-of-hours pay in alleged violation of the New York Labor Law.