Jimmy John's sandwich

A legal complaint has been filed against Jimmy John's, accusing them for requiring employees to work "off the clock." (Bill Hogan / Chicago Tribune / November 10, 2011)

Two Brookfield residents have filed a legal complaint against Jimmy John's, accusing the Champaign-based sandwich giant of making them work "off the clock" for no pay.

Karolis Kubelskas, a former delivery driver for a Hillside, Ill., franchise, and Emily Brunner, who works at a Jimmy John's in Downers Grove, claim that Jimmy John's workers who close up shop regularly are clocked out by their managers before the night’s work is actually finished.

The lawsuit filed in federal district court Friday asks that unspecified damages be paid to all Jimmy John's employees who were affected by the alleged violation of labor law.

"Defendants' policies of having management clock-out hourly employees assigned to closing, facilitates widespread abuse of the minimum wage and overtime laws," the suit states. Lawyers for the plaintiffs could not immediately be reached.

A spokeswoman for Jimmy John's said the company had no comment.

So-called “wage theft” has been a rallying point in recent years for labor activists, who say it occurs anytime an employee is paid less than the law legally requires for the amount of work done. Denial of appropriate overtime pay is common, they say, and violates labor laws.

McDonald’s employees in three states filed suit this spring over concerns similar to those in the Jimmy John’s case, including non-payment of overtime.

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