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Nationwide seafood restaurant chain, Long John Silver's in alleged violation of the Fair Labor Standards Act

Established law firm notifying managers of Long John Silver's of class action lawsuit to recover potentially lost overtime wages and damages.

Nashville, Tennessee June, 24, 2005 - Stewart, Estes & Donnell, an established law firm specializing in employment law, in association with, is publicizing a class action lawsuit against Long John Silver's, Inc. Several reports have alleged that current or former exempt Restaurant General Managers and Assistant Restaurant Managers for Long John Silver's, Inc. seafood restaurants have been wrongfully denied overtime pay in violation of the Fair Labor Standards Act.

The Fair Labor Standards Act ("FLSA") states that salaried managers are "exempt" from overtime pay only if they are paid on a "salary basis" as defined by the FLSA regulations. A salaried, exempt employee receives regular pay of a predetermined amount; this amount cannot be "subject to" reduction due to variations in the quality or quantity of the work performed. The employer must pay the full salary whether the salaried employee works more or less than a 40-hour work week. Any salary deductions due to unavoidable employee absences or cash register, inventory, or safe shortages could destroy the "exempt" employee status.

Stewart, Estes & Donnell believes that Long John Silver's policy and practice of requiring its salaried restaurant managers to pay cash register or other shortages is clearly illegal under federal wage and hour laws. By being "subject to" this policy it is believed that all Long John Silver's Restaurant General Managers and Assistant Restaurant Managers are legally non-exempt employees and are entitled to be paid overtime.

Any salaried Restaurant General Manager and Assistant Restaurant Manager who work(ed) for Long John Silver's, Inc. in any of its more than 700 company-owned fast seafood restaurants throughout the United States from December 17, 1998, forward is potentially eligible to recover back wages for overtime pay, liquidated damages, and other damages under the FLSA, based upon their dates of employment with Long John Silver's, Inc.

Current or former Long John Silver's restaurant managers are urged to complete a complaint form that will be privately evaluated by an employment lawyer at no charge.

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