Andrews v. Bojangles OpCo, LLC

The lawsuit alleges that Bojangles misclassified AGMs as employees “exempt” from overtime wages under the FLSA, instead of classifying them as employees entitled to overtime wages, and thus failed to pay them overtime for hours worked over 40 in a workweek. The Plaintiffs claim that the duties they primarily performed, such as cashiering, cooking, cleaning, and restocking products entitled them to receive overtime compensation like other, hourly-paid Bojangles employees who similarly performed such duties.

Defendants deny that they violated any laws or did anything wrong. The Court has not made any determination as to the merits of these allegations.

This lawsuit was filed on September 19, 2023, is known as Andrews et al. v. Bojangles OpCo, LLC, et al., Case No. 3:23-cv-00593, and is pending before U.S. District Court Judge Robert J. Conrad in the United States District Court for the Western District of North Carolina, Charlotte Division.

You may obtain additional information by visiting www.bojanglescase.com.

The Plaintiffs seek to recover unpaid overtime and an additional equal amount as “liquidated damages,” which doubles the amount of wages owed. The lawsuit also seeks recovery of costs and attorneys’ fees.

In a collective action lawsuit, one or more persons who have similar claims can bring a lawsuit that includes others who have similar claims. If you complete a Consent to Join form and join the case by December 31, 2024, you will become part of the “Collective.” In a collective action, one court resolves the issues for everyone who decides to join the case.

The Court has made a preliminary determination that the Plaintiffs may be similarly situated to other Bojangles AGMs and authorized this case to proceed conditionally as a Collective Action under Section 216(b) of the FLSA.

If you choose to join the Collective, you will be bound by and share in any ruling, settlement or judgment, whether favorable or unfavorable. You will also share in any proceeds from a settlement or favorable judgment.

By joining this lawsuit, you designate the named Plaintiffs as your representatives, and to the fullest extent possible, you designate the named Plaintiffs and their Counsel to make decisions on your behalf concerning the case, the method and manner of conducting the case, and all other matters pertaining to this lawsuit. Decisions made and agreements entered into by named Plaintiffs relating to this lawsuit will be binding on you if you join the lawsuit.

Plaintiffs’ attorneys will not charge you directly for their work in this case. If there is no recovery (i.e., if the Plaintiffs recover no money from Bojangles), you will not have to pay the attorneys for any of their work. If there is a recovery, Plaintiffs’ attorneys will receive whatever attorneys’ fees the Court orders. Those fees may be subtracted from the recovery obtained from Bojangles, or they may be paid separately by Bojangles, or they may be a combination of the two.

If you do nothing, you will not be entitled to share in any amounts recovered by the Plaintiffs for the FLSA claims in this case, but you will not be affected by any decision regarding those claims, whether favorable or unfavorable. You will be free to hire your own lawyer and file your own FLSA lawsuit, should you so desire. You should be aware that your time to bring FLSA claims is limited by either a two- or three-year statute of limitations.

If you choose to join this lawsuit, it is extremely important that you read, sign, and promptly return the Consent to Join form. An addressed and postage-paid return envelope is enclosed for your convenience. Should the enclosed envelope be lost or misplaced, the Consent to Join Form must be sent to (either via mail, e-mail or facsimile):

The signed Consent to Join form must be postmarked by, or otherwise received by e-mail, or fax by December 31, 2024.

Alternatively, you may submit a Consent to Join form online at www.bojanglescase.com.

If you choose to join this lawsuit you will be represented by Plaintiffs’ Counsel:

If you have any questions, you may write, e-mail or call the Claims Administrator at the contact information provided in Section 9, above, or Plaintiffs’ Counsel at the contact information provided in Section 10, above.