Joanna Szabo  |  August 19, 2015

Category: Labor & Employment

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chipotle wage and hourTens of thousands of employees at Chipotle Mexican Grills around the U.S. have joined an employee class action lawsuit against their employer for, among other things, failing to appropriately compensate overtime, include rest breaks, and meet minimum wage standards. A court in Los Angeles recently approved a $2 million wage and hour settlement with more than 38,000 plaintiffs for similar allegations against Chipotle, but more lawsuits for employment law violations are underway.

These wage and hour allegations have cropped up despite Chipotle recently extending paid sick leave, vacation, and tuition reimbursement to its hourly workers across the country.

Plaintiffs have joined the Chipotle wage and hour class action lawsuit for various reasons, among them employee misclassification. The Chipotle wage and hour lawsuit alleges the company would promote crew members to higher positions, such as an apprentice manager, in order to avoid paying them overtime wages. Plaintiffs claim that there were no real differences between their work as a crew member and their elevated position as an apprentice manager.

According to the wage and hour plaintiffs, no additional managerial training was involved. Instead, required hours of work per week rose by up to half, because of the extra expectations placed on those in management positions when crew members call in sick. Because these would-be managers were now considered exempt employees, they could not claim overtime for their extra work.

Other employees allege they worked off the clock, completing tasks such as cleaning the store after hours or attending mandatory meetings outside of their shift, according to the Chipotle wage and hour lawsuit. These are simple ways which an employer can quietly exploit their employees and end up paying unfair wages in compensation for their employees’ full hours of work.

Wage and Hour Lawsuits

In the past, workers who believed or even knew they are being treated unfairly under employment laws may have chosen to keep quiet and refrain from filing a wage and hour lawsuit against their employer, for fear that they might lose their job. This is beginning to change, and employees are starting to both learn and excercise their labor rights.

Chipotle has commented that these kinds of cases are occurring more often across the United States, and are far from unique to their company.

It’s true – under the Fair Labor Standards act, similar wage and hour lawsuits have more than doubled in the past decade. The law, according to an attorney at Mountain States Employers Council, is confusing. Employees’ attorneys have realized that the law, first written during the Great Depression, leaves plenty of opportunity for interpretation in the modern-day workplace.

Chipotle has settled three separate wage and hour lawsuits in Maryland, California, and Florida. Wage and hour lawsuits in Colorado, Minnesota, and Texas are pending class action certification.

Employment laws are not nearly as clear as the general population assumes, and many people across the United States do not know that their labor rights are being violated.

If you work for or have worked for Chipotle or another company, and believe you may have experienced action that contradicts employment laws, such as unpaid overtime, employee misclassification, or failure to meet minimum wage you may be able to join a wage and hour class action lawsuit.

Join a Free Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years, you have rights – and you don’t have to take on the company alone.

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4 thoughts onChipotle Workers File Wage and Hour Class Action Lawsuit

  1. Jodi Froemming says:

    I would like to know if there are lawsuits against Chipotle due to the GM not following the state law. I have read in the employee handbook that breaks are to be given according to the law is in the state we are located in. Colorado state law is very clear about what breaks employees are entitled to. I work 8 to 9 hours every shift and only get a break prior to opening. More often than not we don’t get the full 30 and at times we don’t get a break at all. I was talked to by the GM and was told I am in the wrong for asking to take a 10 min rest break. She firmly told me that Chipotle’s policy states that I’m only entitled to a 30 min. That same day, we didn’t get our 30 min because it was time to open. I clocked in at 9am and was given a 30 minute break at 3pm. I had to ask to take a break and was given attitude from the GM for asking. I’m 44, so it wares on me to be expected to do the demanding duties for several hours straight with no rest time

  2. Saprina Kennedy says:

    I receive a letter in the mail and wanted to join I sent it back off no work back from anyone as of yet is there still hope to fight back

  3. Christina Phillips says:

    I received a notice in the mail and returned what info was needed but have not heard anything back in response yet. I worked for Chipotle on two separate occasions and I quit because of how they done us over our hrs. And we were never offered insurance unless we got a management position. And we’re only pd 8.50$ a hour. Who do I contact for Ohio to find out the details of class action suit for wage and hours.

  4. Eric Pierre La Prince says:

    I need help joining. I received notice in the mail and want to join. Unfortunately I’ve lost the information.

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