Stafford ET. AL. vs Bojangles

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On July 14, 2020, GessnerLaw, PLLC filed a nationwide collective action lawsuit on behalf of Robert E. Stafford, Jr. and all current and former Shift Managers/Shift Manager trainees who are or have been employed by Bojangles’ Restaurants Inc. (“Bojangles”) since July 14, 2017.

The Amended Complaint alleges that Bojangles violated the Fair Labor Standards Act (“FLSA”) by requiring and/or permitting Shift Managers/Shift Manager Trainees to work off the clock, which resulted in a failure to pay at least minimum wage, failure to pay for all hours worked and failure to pay an overtime premium for all overtime hours worked in excess of 40 hours per week, thus denying shift managers payment of all earned wages and overtime wages.

On November 2, 2020, U.S. District Judge Max O. Cogburn granted conditional certification of a nationwide collective action of Bojangles’ Shift Managers/Shift Manager Trainees. As part of its Order, the Court approved the distribution of notice to Bojangles’ Shift Managers/Shift Manager Trainees to inform them about this lawsuit.

On October 20, 2023, Judge Cogburn Ordered this case to proceed as a certified class action for more than 6,000 former and current Bojangles’s Shift Managers who have worked in North Carolina and South Carolina and appointed GessnerLaw, PLLC as class counsel.  The trial on behalf of these class members and the 520 Shift Managers who joined the FLSA case is set to proceed to trial on February 20, 2024. 

Mr. Stafford, on behalf of himself and all others similarly situated seeks to recover unpaid wages plus interest, liquidated damages, costs and fees and penalties as allowed for Bojangles’ violation of the Fair Labor Standards Act (FLSA) and North Carolina Wage and Hour Act (NCWHA) and South Carolina (SCWPA).

If you have any questions about this case, please contact GessnerLaw, PLLC.

Case Pleadings:
Click here to read the Order Certifying Collective Action.
Click here to read the Amended Complaint.
Click here to read the Order Granting in Part and Denying in Part Motion to Certify.