Carrols owns and operates, directly and through its wholly owned subsidiary, Carrols LLC, more than 800 franchised “Burger King” restaurants throughout the United States.
- Position(s): All current and former Assistant General Managers, Assistant Managers, General Managers, Restaurant General Managers, Shift Managers, Crew Members, and other employees who performed similar job duties under various titles (collectively referred to as “AGMs”), employed by Defendants
- Location(s): Anywhere in the United States
- Time Period: February 2017 through present
The Claims in The Lawsuit
The complaint alleges that Carrols Restaurant Group, Inc. and Carrols LLC failed to pay AGMs for the time they spend driving from store to store and picking up products/equipment. Because AGMs typically work at least 40 hours per week, Defendants’ failure to pay them for this time driving from store to store and picking up products/equipment violates the FLSA, which mandates that employees be paid for each hour worked in excess of 40 in a workweek at a rate not less than 1.5 their regular rate of pay.
February 11, 2020: The complaint was filed in the United States District Court for the Northern District of New York and has been assigned to Senior Judge Lawrence E. Kahn.
How to Participate
If you believe you are owed wages from the claims in the lawsuit, you can join the case by signing a “Consent to Sue” form, which you can obtain HERE.
Until the Consent to Sue form is filed with the Court, the statute of limitations ordinarily continues to run. The statute of limitations under the Fair Labor Standards Act is 2 years, and 3 years for willful violations. Thus, if you claim wages from 2 or more years ago, they may become unrecoverable if you delay in signing your Consent to Sue form.
If you choose to join this lawsuit, you will be bound by any judgment on any claim you may have under the Fair Labor Standards Act, whether favorable or unfavorable. This means that if you win, you may be eligible to share in the monetary award; if you lose, no money will be awarded and you will not be able to file another lawsuit regarding the matters raised in the lawsuit.
Frequently Asked Questions
Can Defendants discipline or fire me if I join the case?
No! The Fair Labor Standards Act prohibits retaliation and imposes harsh measures against employers who retaliate. For further information, please consult the Department of Labor’s Fact Sheet.
Will I have to testify or provide documentary proof?
Not necessarily. Many employees obtain monetary recoveries in Fair Labor Standards Act cases without ever having to appear at court or for depositions.
You are not required to provide documentary proof of your unpaid wages. In most cases, the employer is required to provide the employee’s payroll records to the employee and his or her attorney. In fact, the Fair Labor Standards Act mandates that employers keep accurate time and payroll records. The employer cannot escape this duty by requiring you as the employee to provide proof.
However, it is still important that you preserve any physical or electronic evidence relating to the case that you currently possession.
Will Brown, LLC be my attorneys?
Employees who sign Retainer Agreements and/or Consent to Sue forms will be represented by Brown, LLC with respect to the lawsuit and claims described above.
You will not be required to pay any attorneys’ fees or court costs to the Plaintiffs’ lawyers at this time and not pay any attorneys’ fees unless you prevail. Rather, in the event the Plaintiffs prevail in the lawsuit, by either judgment or settlement, the Plaintiffs’ attorneys will request that the Court order Defendants to pay the Plaintiffs’ lawyers their reasonable attorneys’ fees and reimburse them for any expenses.
How long will the case take?
It is very difficult to predict exactly how long a case will take. It depends on a variety of factors including the number of parties and claims involved, the rules and pace of the court, the complexity of the proofs, and the manner in which the employer defends the case.
When and if a settlement is reached, additional time is needed to prepare settlement documents, calculate settlement allocations, and seek and await the court’s review and approval of the settlement. Wage-and-hour cases typically take 2-3 years, but this can be shorter or increase considerably.