Karina Basso  |  May 19, 2015

Category: Labor & Employment

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McDonald'sOn May 6, the plaintiffs in a McDonald’s minimum wage class action lawsuit urged a Michigan federal judge to expedite the decisions on four pending motions filed for this wage and hour complaint, with the end goal of moving the case forward in litigation.

In this minimum wage class action lawsuit against McDonald’s Corp., the court is considering four motions: the plaintiff’s motion for Class certification, the defendant’s competing motion to strike Class allegations, a proposed amendment to the complaint, and the inclusion of additional McDonald’s workers in this wage and hour class action lawsuit. Just last month, U.S. Magistrate Judge Michael Hluchaniuk put a stay on the case discovery until the court decides on the above listed motions.

The court’s decision on these four pending motions will be a deciding factor as to whether or not this minimum wage lawsuit will proceed as a class action.

“Resolution of the pending motions will largely determine the scope of permissible discovery in this litigation,” the plaintiffs argue in their motion. “In short, both plaintiffs and defendants would benefit substantially from knowing which individuals are participating in this case, and whether they are proceeding in an individual or representative capacity, before undertaking further discovery.”

Background on McDonald’s Wage and Hour Class Action Lawsuit

This McDonald’s wage and hour class action lawsuit was one of several  employee class action lawsuits to hit the fast food restaurant chain in March 2014. The wage and hour class action lawsuit alleges the company violated the Fair Labor Standards Act, as well as Michigan state labor laws, by not paying fast food workers in the Detroit area for the time they spent waiting to clock in at the beginning of shifts and between rest breaks.

Additionally, the plaintiffs of this minimum wage class action lawsuit claim the cost of their McDonald’s uniforms was deducted from their pay, which they allege resulted in the reduction of their hourly wage to below the minimum wage requirements.

In September of 2014, U.S. District Judge John Corbett O’Meara denied the plaintiffs’ motion for Class certification that would have included 1,000 to 3,000 potential Class Members, ruling that this number of Class Members would not have enough in common to warrant Class certification because of the different pay rates, hours, and deductions applicable to each individual McDonald’s employee.

This led to a discovery dispute between the parties involved in the McDonald’s minimum wage class action lawsuit. The plaintiff workers attempted to force the restaurant chain to hand over evidence to the court that would help the plaintiffs identify potential minimum wage Class Members.

The plaintiffs of this McDonald’s class action lawsuit have stated that if questions regarding the four stayed motions are not answered by the court soon, their legal counsel will have to resume discovery efforts for the named McDonald’s employees in this wage and hour lawsuit.

The McDonald’s Minimum Wage Class Action Lawsuit is Case No. 5:14-cv-11081, in the U.S. District Court for the Eastern District of Michigan.

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