McDonald’s Wage and Hour Class Action Plaintiffs Seek Cert.

Plaintiffs of a McDonald’s wage and hour class action lawsuit have filed a motion for certification of a class of California workers, who McDonald’s Corp. allegedly denied overtime pay, rest breaks, meal periods, final wages, and also miscalculated their wages.

Background on McDonald’s Wage and Hour Class Action Lawsuit

Named plaintiffs Stephanie Ochoa, Ernestina Sandoval, Yadira Rodriguez, and Jasmine Hedgepeth and the Class of California workers are “all individuals currently or formerly employed by Defendants as crew, crew trainers, or maintenance workers paid on an hourly basis (‘crew members’) at one or more of … McDonald’s restaurants in California” who were denied certain employees rights under California labor codes, according to the wage and hour class action lawsuit.

The plaintiffs allege that McDonald’s is liable for failing to provide the plaintiffs and the Class “all earned wages when due, legally required overtime, meal and rest breaks, business expense reimbursement, and accurate itemized wage statements.”

The McDonald’s California wage and hour class action lawsuit alleges that one way in which the restaurant chain failed to pay their employees all earned wages through September 2013 has to do with a persistent error when converting workers’ time punch data to the separate payroll data. Additionally, the automated timekeeping and payroll system was programmed with incorrect parameters, which failed to pay employees overtime when they worked overnight shifts.

Other California labor law violations claims brought forth in this wage and hour class action lawsuit against McDonald’s include neglecting to provide employees with meal breaks and rest periods as outlined in the California labor code, failing to reimburse McDonald’s crew members for the time and money needed to iron and clean their work uniforms, and not providing itemized wage statements to their McDonald’s employees.

Plaintiffs Seek Class and Subclass Certification

In addition to the larger McDonald’s California wage and hour class, the plaintiffs are also seeking the certification of seven employee subclasses. These subclasses include a miscalculated wage subclass, an overtime subclass, meal period subclass, missed rest period subclass, untimely rest break subclass, final wages subclass, and finally an injunctive relief subclass, all of which include McDonald’s employees or “crew members” currently or formerly employed at California McDonald’s restaurant locations.

The plaintiffs argue that Class certification is required in this wage and hour class action lawsuit, “because common questions predominate over any questions affecting only individual Class members, and class resolution is superior to other available methods for the fair and efficient adjudication of the controversy.” Additionally, the proposed Class and Subclasses are so numerous that “joinder is impractical.”

The McDonald’s California Wage and Hour Class Action Lawsuit is Ochoa, et al. v. McDonald’s Corp., et al., Case No. 3:14-cv-02098-JD, in the U.S. District Court for the Northern District of California, San Francisco Division.

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