California McDonald’s Wage and Hour Class Action Settlement

A near $1.2 million settlement has been reached between three California McDonald’s franchise restaurants and a group of current and former employees who allege the franchise owners violated California labor laws.

The class action lawsuit, filed on Mar. 12, 2014, asserts claims that Fremak/Marpenny McDonald’s franchise restaurants failed to pay proper overtime and minimum wages, failed to provide legally required meal periods and rest breaks, failed to pay all wages due to discharged and quitting employees, and failed to maintain required records as well as provide accurate itemized wage statements.

Under the terms of the proposed settlement deal, the McDonald’s franchisees will pay $1.15 million in three installments of approximately $383,333 into a settlement fund to be distributed to eligible Class Members.

The settlement also provides a penalty payment of $50,000 to the California Labor and Workforce Development Agency (LWDA), $230,00 in attorneys’ fees, $20,000 in court costs, and a $1,500 service award for each of the two named plaintiffs.

The McDonald’s franchise owners have also been subjected to an injunction which, among other stipulations, requires them to provide training on employees’ rights under California law to all employees at the time of hire and regular trainings for managers on employee legal rights regarding meal periods and rest breaks.

Fremak/Marpenny denies these allegations and entered into this settlement to fully and finally resolve this case against it and to avoid the burden, expense, and uncertainty associated with the wage and hour claims. Fremak/Marpenny does not admit any liability or wrongdoing by entering into this settlement agreement.

Class Members who wish to exclude themselves or object to the terms of the settlement must do so by Mar. 13, 2017.

Who’s Eligible

Eligible Class Members include all current and former employees paid on an hourly basis at any of the following McDonald’s restaurants owned and/or operated by Fremak Arches, Inc. and Marpenny Corporation d/b/a/ McDonald’s between Mar. 12, 2010 and Oct. 14, 2016:

• 38860 Fremont Boulevard, Fremont, Calif.
• 42800 Mission Boulevard, Fremont, Calif.
• 40708 Grimmer Boulevard, Fremont, Calif.

Potential Award

Varies.

The portion of the settlement award to be distributed to each Class Member will be based on a fixed amount per week for every week worked during the Class Period, except that funds designated as payment of PAGA penalties will be based on a fixed amount per week only for those weeks worked after Mar. 12, 2013.

Your award will be based on the total number of weeks that you worked compared to the total number of weeks worked by every Class Member.

Each Class Member’s notice contained a specific estimated share of the settlement which will be paid in three installments. This estimated amount may change based on how many Class Members opt out or cannot be reached by the Claims Administrator, and whether the Court approves the request for attorneys’ fees, litigation costs, and service awards.

Proof of Purchase

N/A

Claim Form

If you received a Class Notice by mail at your correct address, you do not need to do anything else to participate in this settlement. Unless you “opt out,” you will automatically be mailed settlement checks after the effective date of the settlement, if it is approved by the Court.

If you did not receive a Class Notice by mail at your correct address (even if you received a Class Notice by email or by mail at an incorrect address), you must contact the Claims Administrator to provide your correct address. If you do not provide the Claims Administrator with your correct address, your check may be mailed to an incorrect address, and you will not receive any payment from this settlement.

Settlement checks will be sent in three installments. If your contact information changes at any time before you receive all three payments from the settlement, you are responsible for providing your updated contact information to the Claims Administrator.

Exclusion Deadline

3/13/2017

Case Name

Hughes, et al. v. McDonald’s Corp., et al., Case No. RG14717085, in the Superior Court of the State of California for the County of Alameda

Final Hearing

3/24/2017

Settlement Website

https://secure.dahladmin.com/HUGHES

Claims Administrator

Hughes et al. v. McDonald’s Corp. et al.
c/o Dahl Administration
PO Box 3613
Minneapolis, MN 55403-0613
1-888-755-9508
Email: info@HughesvMcDonaldsSettlement.com

Class Counsel

Michael Rubin
Eve H. Cervantez
Barbara J. Chisholm
P. Casey Pitts
Matthew J. Murray
ALTSHULER BERZON LLP

Joseph M. Sellers
COHEN MILSTEIN SELLERS & TOLL PLLC

Defense Counsel

Fraser A. McAlpine
Douglas G.A. Johnston
JACKSON LEWIS PC

Join a Free California Wage & Hour Class Action Lawsuit Investigation

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

GET A FREE CASE EVALUATION NOW