An unpaid overtime lawsuit against Chipotle that was initially filed by Fitapelli & Schaffer, LLP and two other labor law firms in November 2012 had been seemingly stopped in its tracks in March of this year. The lawsuit had accused the fast food Mexican chain of wrongfully denying its apprentices overtime and that they had misclassified them as managerial workers. A judge ruled that the lawsuit could not be brought as a class since Chipotle stores in different areas operated differently. The differences in operation affected how workers in the apprentice roles spent their time performing managerial duties such as disciplining workers and autonomously creating schedules for other employees.
The judge effectively decertified the class of over 500 opt-ins and their claims were dismissed without prejudice. However, this past Monday, a New York federal judge agreed to have the Second Circuit review the decertification ruling. This would allow the court to reexamine whether or not these Chipotle employees were wrongly classified as managerial workers and denied overtime pay.
Deciphering whether or not a job title has been correctly classified as exempt from receiving overtime is not a simple task. If you or a loved one has concerns about being paid correctly you may benefit from speaking to an employment lawyer. At Fitapelli & Schaffer we offer a free consultation over the phone with one of our available attorneys who will be able to let you know if it is a matter we can assist you with. If you are interested in reading more about labor laws that may affect you, please visit our website for additional information.
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