Boston Market has recently 4/19/12 been forced/agreed to pay 3 mill for another class action lawsuit against them pertaining to overtime payment for assistant managers. The suit was based on exempt vs. non-exempt status for managers.
It seems to be a constant theme with the Boston Market. They have paid out several class action lawsuits in several states over the same exempt/ non-exempt status for their managers over several years.
My questions are...
1. What happens to those who are currently employed as asst managers that opt in to the class action lawsuit? Can I demand to work 40 hours instead of 50? Can I successfully claim unemployment benefits if I refuse to work the extra 10 hours. (my hiring document mentions nothing about required hours per week)
2. In the event that I have to continue to work at my current pay/ hours and continue the non-exempt work that the several judges have agreed to be non-exempt... What have the several class action lawsuits against boston market achieved? It seems to me that the corporation is willing to pay 3 million to sweep the subject under the rug, only for future litigation. If the whole system does not change what is the point of all the litigation? BM would rather pay a lawyer to defend not paying me? And after several judges deem them to be wrong, business continues as usual.
I am actively pursuing other job opportunities and am not holding out for unemployment. However I am perturbed at the arrogance of my current employer (who is all to willing to tell me how "lucky" I am to have a job. No raise 4 years, dropped 401k matching, have to pay for meals!!!!!!!!!!!