Ruby Tuesday Faces Former Employee’s Unpaid OT Claims

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Ruby Tuesday, Inc. is on the receiving end of a proposed collective action that claims it purposely misclassified its assistant managers as exempt from overtime requirements and failed to pay them proper wages. The plaintiff supposedly performed many of the same duties as non-exempt hourly-paid employees and was regularly required to work more than 40 hours per week. The suit alleges that the defendant attempted to avoid extra labor costs by engaging its assistant managers to perform the work of non-exempt employees and skirting its responsibility to pay overtime wages. This scheme allowed it to accomplish more work and maintain its insufficient labor budget, according to the complaint.