By Karina Basso  |  June 10, 2014

Category: Labor & Employment

McDonald'sFour former Los Angeles area McDonald’s employees are bringing an unpaid overtime class action lawsuit against  McDonald’s Corp. for allegedly violating various state labor laws. Plaintiffs’ lawyer Michael Rubin alleges that McDonald’s violated wage and hours laws with such practices as “requiring workers to work off the clock, placing their rest and meal breaks at the end of their shifts and not paying final wages in a timely manner.”

These types of practices are violations of the employees’ labor rights and California labor laws. According to the California Division of Labor Standard Enforcement, California Labor Law requires that:

(A) No employer shall employ any person for a work period of more than five hours without a meal period of not less than 30 minutes, except that when a work period of not more than six hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee.

(B) If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided.

History of McDonald’s Unpaid Overtime Class Action Lawsuit

The original McDonald’s unpaid overtime lawsuit was brought to court by plaintiff Maria Sanchez in January 2013, but has since been integrated into a nationwide grouping of class action lawsuits against McDonald’s over allegedly illegal labor practices. She was soon joined in her class action lawsuit by other former McDonald’s employees plaintiffs David Cruz, Inez Mendoza Merino, and Jonathan Valentin, in a second amended complaint. The three claim that McDonald’s managers falsified time records to erase certain employees’ hours worked, withheld overtime pay, prohibited meal breaks, and required unpaid work from employees before and after their shifts.

This unpaid overtime class action lawsuit is moving forward, despite McDonald’s legal representatives’ bid to dismiss the wage and hour lawsuit asserting plaintiffs’ claims were ambiguous. Los Angeles Superior Court Judge Jane L. Johnson rejected McDonald’s legal maneuver, stating that the plaintiffs did have sufficient legal basis to bring the unpaid overtime lawsuit forward. However, Johnson is requiring that the plaintiff’s legal team clarify which allegation each of the four former employees claims.

According to the unpaid overtime lawsuit, the McDonald’s Corporation has attempted to cut “labor costs by requiring its restaurants to limit labor costs to a specific percentage of gross sales, causing managers to violate state labor laws to keep costs in line.”

Join a Free Unpaid Overtime Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone. Learn more and obtain a free evaluation of your case to see if you’re eligible for back pay and other compensation at the Wage & Hour, Overtime Pay Class Action Lawsuit Investigation.

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One thought on McDonald’s Targeted in Unpaid Overtime Class Action Lawsuit

  1. Santanna Silos says:

    I dont live in California I live in Nebraska but have the same problem. Some owner operators are really ripping tones of people off and think there untouchable. I was promoted to management and some how threw into the general management position. Wasnt properly trained as promised and when I began to ask to many questions as to why we did things this way and that way. I Iwas let go. Ive got records of how they were screwing crew and excpecally managers forcing them to work when and however long they said. After becoming the GM I paid what was suppose to be paid in ot even had employees that where not making what there checks said and not recieving the raises that were on checks etc. How can I get the ball rolling here.

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