Allegedly Misclassified Ex-Assistant Manager Sues Old Chicago Pizza & Taproom for Overtime Wages

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A former employee has filed a collective and class action against Craftworks Restaurants & Breweries Group, Inc. in which he alleges the company’s Old Chicago Pizza & Taproom restaurants misclassify salary-paid assistant managers as exempt employees, therefore depriving them of appropriate overtime wages.

The plaintiff, who worked for the defendants as an assistant manager in Boulder, Colorado, says he regularly worked 60-65 hours each week from January to July 2016 without time-and-a-half overtime pay. He further alleges he was not paid at all for hours worked over 12 in any workday. 

The lawsuit claims the defendant employs a company-wide policy of classifying assistant managers as exempt from overtime pay without properly analyzing individual employees’ job duties. 

“The primary job duties of Plaintiff, members of the Collective, and members of the Class did not materially differ from the duties of Defendant’s non-exempt hourly paid employees, which included many duties that were manual and non-exempt in nature,” the complaint reads. 

Although the plaintiff had a managerial title, the suit argues that his job duties were non-exempt in nature, as he performed manual work and did not have managerial responsibilities or significant control of the business. 

The lawsuit alleges violations of both the Fair Labor Standards Act and the Colorado Wage Claim Act.