A class action lawsuit is possible against Jimmy John’s because employees may be eligible to receive uniform reimbursements. The lawsuit seeks to determine whether the chain is illegally deducting employees’ uniform costs from their paychecks in some states. The exact policy varies by state and the type of uniform used, but federal law allows for deductions of the cost of uniforms for minimum wage earners. Depending on the type of uniform, state laws may be stricter than federal regulations.
Performing duties satisfactorily
In Jimmy John’s lawsuit over uniforms, the plaintiff argues that her termination was a result of her failure to perform her duties. Specifically, the plaintiff argues that her termination occurred because she was late, was not wearing a uniform, and was not performing her duties satisfactorily. The defendants counter that these factors do not support Burkard’s claim. In addition, the company contends that Burkard’s absence from the company’s workplace does not establish a prima facie case.
The plaintiff’s evidence emphasizes that the employees were not performing their duties properly. According to the Huffington Post, one student worked at a Jimmy John’s in Illinois while in high school. The student was unable to work at any restaurant in Tuscaloosa if she violated the non-compete agreement. Further, she could not work at the school cafeteria, which is three miles from the Jimmy John’s outlet.
Pretext
A court has ruled against a Chicago-area franchisee in a lawsuit alleging violations of the Fair Labor Standards Act and Illinois Minimum Wage law, citing the “pretext” of an improper work uniform. In Brunner v. Liautaud, the franchisor faced joint employer issues and failed to provide required training for franchisees. The court found that the company’s operation manual failed to disclose such policies.
The lawsuit was filed by the Illinois Attorney General against Jimmy John’s corporate entities, including Jimmy’s Enterprises LLC and Jimmy’s Franchise LLC, and the workers who work at the stores. Many of these employees are low-wage sandwich shop employees and delivery drivers whose primary duties are food order taking and sandwich-making. The Illinois franchisees are responsible for nearly 300 sandwich shops. Jimmy John’s alleged non-competition agreements violate Illinois labor laws and must be enforced.
Unenforceable non-competition agreement
A recent lawsuit by the Illinois Attorney General claims that Jimmy John’s imposed non-competition agreements on its low-wage workers. The suit asks a judge to declare the non-competition agreement void and unenforceable. The company argues that the non-competition restriction was not reasonable and did not protect the business interest of the company.
The court determined that the non-competition clause was not enforceable. Although the agreement stated the non-competition would apply nationwide, the court determined that it did not. It cited the phrase “Competing Business” and declined to enforce the non-competition. Although the plaintiffs’ argument was successful, the court declined to find the non-competition clause enforceable.
Collective action settlement
A putative class action filed by the Jimmy John’s workers in Baltimore, Maryland has been settled for $1.84 million. The plaintiffs, who were employed by franchisees, have been suing under the banner of the International Workers of the World. The complaint alleged that the companies violated the Fair Labor Standards Act and the Illinois Minimum Wage Law. The workers also wanted to pay sick leave. The class action has been referred to as “Brunner v. Liautaud” because the franchisees were co-employees with Jimmy John’s companies.
The suit alleged that Jimmy John misclassified ASMs as management employees and did not pay them overtime. While the company denies this, the settlement includes some of those employees. As a result, the company has settled the case for an undisclosed amount, which includes settlement checks and $300 gift cards. As a result, the company has avoided a possible loss in appeal. Jimmy John’s Uniforms Collective action settlement is good news for employees.
