Five Guys Burgers Accused of California Labor Violations

The popular burger restaurant, Five Guys Burger Co., has been accused of California labor violations in a new proposed class action lawsuit filed by a former employee.

Plaintiff Jeremy R. Lusk has accused Five Guys Burger Co. of such California labor violations as conducting employee background checks on employees and not notifying them correctly, not providing the proper required breaks and many other wage and hour violations.

He claims that he was often asked and required to perform work related tasks off-the-clock and that he was the victim of other California labor violations including denied meal and rest breaks.

Lusk has filed this California labor violations lawsuit in Kings County Superior Court in California and is seeking class certification for it.

The lawsuit reads, “Plaintiff is informed and believes and thereon alleges that defendants have a policy or practice of failing to comply with the labor code and the business and professions code as alleged herein.”

According to this California labor violations lawsuit, Five Guys Burger Co. regularly accessed credit and background reports for both potential hires as well as current employees.

Allegedly, Five Guys used this information unlawfully to make hiring decisions and they did not disclose that they were doing this to employees and potential employees.

Lusk worked at Five Guys as an hourly, non-exempt employee. He says he often worked six-hour or longer shifts without receiving a lunch break which he said should be included under California labor laws. California labor law states that in a five-hour shift, an employee must receive a 30 minute lunch break.

The plaintiff said that if the restaurant was too busy, he would be denied both a lunch break as well as 10 minute rest breaks. Also, he should have been afforded a second meal break if his shift was longer than 10 hours, which it was sometimes. He alleges that he did not receive this second meal break during these times.

This California labor violations lawsuit states that the lead plaintiff was asked to count out his register after he clocked out and use his personal car for work without being reimbursed when he was required to transport supplies to and from different stores.

Lusk also claims that after he resigned he had to wait for his paycheck, which also violates California labor law.

California labor violations included in this lawsuit include violations of the FCRA (Fair Credit Reporting Act) and the ICRAA (Investigative Consumer Reporting Agencies Act).

The California Labor Law Lawsuit is Jeremy R. Lusk v. Five Guys Enterprises LLC et al., Case No. 1:17­-cv-­00762, in the U.S. District Court for the Eastern District of California, Fresno Division.

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