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California Subway Franchisee Facing Unpaid Overtime Class Action

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By Faith Inc., which owns a number of Subway restaurants in California, is now facing a class action lawsuit from current employees for allegedly failing to pay overtime and for allegedly forcing employees to work off the clock. The action was filed in March in the Superior Court for the State of California, County of Riverside, Central District, by two employees of the Subway franchise (one current, one former). The proposed class includes employees of By Faith Inc.’s Subway franchise who worked in a Subway restaurant, were paid an hourly wage, and held the title of “sandwich artists”. The prosecuting attorneys believe there are more than 50 employees working for Subway in California who could potentially be members of the class. They are suing for:

• Unpaid time worked off the clock
• Unpaid overtime
• Employees worked more than 7 consecutive days and were not paid overtime
• Employees were required to come in on scheduled days off and were not paid the required minimum 2 hours
• Employees were not allowed to take their 30 minute meal breaks for every 6 hours they worked and they were not allowed 10 minute rest breaks
• Failing to post applicable Wage Orders
• Failing to provide employees with accurate itemized pay stubs
• Failing to provide employees with documents contained in their employment file
Employees were told they needed to complete closing tasks 1 hour after closing. The tasks required to close took more than 1 hour to complete. If they did not clock out after 1 hour they were written up and threatened with termination. If they did not finish their tasks they were written up and threatened with termination. Additionally, employees were regularly required to take out the trash after clocking out because the trash can was on the way to their car. These practices resulted in employees conducting tasks after they had clocked out which, over time, culminated in hours of unpaid work.

You can view a copy of the Class-Action complaint by clicking here.


The Chicago Overtime Law Center has a team of attorneys who focus on nationwide class action lawsuits and who have successfully handled many large wage and hour disputes. Our Waukegan and Rockford overtime lawyers are intimately familiar with the issues that arise during wage claim litigation, as well as the laws that govern overtime cases. Our attorneys are dedicated to getting you your unpaid wages and giving you efficient and dynamic representation. If you have been made to work off the clock and believe you are owed overtime wages, contact one of our Chicago wage and hour attorneys by phone at (877) 990-4990 or through our online form.