Class Action – Fair Labor Standards Violation

By: Derek Hawkins//December 19, 2017//

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7^th Circuit Court of Appeals

Case Name: In Re: Jimmy John’s Overtime Litigation

Case No.: 17-1655

Officials: WOOD, Chief Judge, and FLAUM and HAMILTON, Circuit Judges

Focus: Class Action – Fair Labor Standards Violation

Plaintiffs‐appellants brought this collective and class action lawsuit against Jimmy John’s on behalf of all assistant store managers nationwide for violations of the Fair Labor Standards Act (“FLSA”). Although the vast majority of plaintiffs work in stores owned by franchisees, they claim that Jimmy John’s is their joint employer. Two years into this litigation, plaintiffs also filed separate lawsuits against their franchisee employers in federal district courts across the country, asserting the same claims. The district court subsequently enjoined plaintiffs from pursuing their lawsuits against the franchisee employers until their claims against Jimmy John’s were resolved. We reverse.

Reversed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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