McDonald's Overtime Pay Wage & Hour Laws
McDonald’s Overtime Lawsuits: Wage & Hour Laws

McDonald’s Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about McDonald’s:

 

Information on the McDonald’s Corporation

McDonald’s is the world’s largest restaurant chain. It serves approximately 68 million customers a day, and spans 120 countries. There are over 36,000 McDonald’s restaurants throughout the world.

Who Does McDonald’s Employ?

McDonald’s employs more than 1.5 million people worldwide. Our experienced overtime pay lawyers handle cases for all McDonald’s employees, including the following:

  • Cooks
  • Managers
  • Food preparation workers
  • Dishwashers
  • Cashiers

 

Where is McDonald’s Located?

McDonald’s global corporate headquarters is located in Oak Brook, Illinois, but it is planned to move to Chicago in 2018.

The company has over 36,000 restaurants around the globe.  According to Business Insider, the only place in the continental U.S. that is more than 100 miles from a McDonald’s is a plain in South Dakota. A small fraction of the U.S. locations include:

 

McDonald’s Overtime Pay Lawsuit News

 

House Labor Bill Could Have Sweeping Impact on Wage Theft Lawsuits if Passed

WASHINGTON, D.C. — On October 4, H.R. 3441, known as the Save Local Business Act, cleared the House Education and the Workforce Committee and will soon go before the entire House of Representatives for a full vote.


mcdonalds-settles-unpaid-overtime-lawsuit-with-california-workers-for-3-75-millionMcDonald’s Settles Unpaid Overtime Lawsuit with California Workers for $3.75 Million

LOS ANGELES — For the first time ever, McDonald’s agreed to settle wage and labor class action claims with franchise workers claiming the global fast food chain is a joint employer and should be held responsible for paying back unpaid overtime and other wages.


mcdonalds-settles-unpaid-overtime-lawsuit-with-california-workers-for-3-75-millionMcDonald’s Class Action Overtime Pay Lawsuit Moves Forward

SAN FRANCISCO — A federal judge in California recently certified an unpaid overtime lawsuit by a group of former and current McDonald’s workers as class action. The ruling is a major victory for the workers seeking justice.


McDonald’s Employees Fight Overtime Claim

LOS ANGELES — McDonald’s employees brought a class action overtime wage claim in California state court in March of this year. The employees claim McDonald’s store managers altered time records by erasing employees’ hours worked, denied meal breaks, failed to pay overtime, and required off-the-clock work. In April, McDonald’s requested the case be removed to federal […]


McDonald’s Challenges Pair Of Overtime Claims

ANN ARBOR, Mich. — McDonald’s employees are urging a Michigan federal court to grant conditional collective action certification for their lawsuits against the fast food restaurant giant. Two franchisees, one in each of the two lawsuits, are also named in the lawsuit. The employees claim McDonald’s and its franchisees failed to pay minimum wage and overtime […]


Read All McDonald’s News on Overtime Pay Cases and Settlements

 

What are the Laws for McDonald’s Employee Overtime Pay?

Under the Fair Labor Standard Act (FLSA), many McDonald’s employees are considered non-exempt and therefore entitled to overtime pay.

If an employee is non-exempt under the FLSA, the law requires that they are paid overtime wages of one and one-half times their regular rate of pay for every hour past 40 in one week.

The FLSA has several exemptions, however, that would preclude employees from receiving overtime pay. Employees with “adminstrative” or “professional” roles are included in these exemptions.

For example, many corporate McDonald’s careers and some franchise managers would fall under the “professional” exemption. Most other McDonald’s restaurant employees would not be considered exempt.

It is important to note, however, that exemption is not determined solely based on job title. Rather, job description, job duties, rate of pay, and hours worked are used to determine if an employee should receive overtime pay.

On top of the FLSA, some states have their own overtime pay laws. These laws may complement or contradict the FLSA, so it is important to consult an experienced attorney who is familiar with all the applicable overtime pay laws.

Is a McDonald’s Employee Entitled to Overtime Pay?

McDonald’s employees are often required to work double shifts, as well as additional time before and after their scheduled shift. As a result, many McDonald’s employees end up working more than 40 hours per week, and are therefore entitled to overtime pay.

Employees who are exempt under the FLSA are not entitled to overtime pay. Whether or not a McDonald’s employee falls under the “administrative” or “professional” exemptions is determine based on job description, job duties, rate of pay, and number of hours worked.

Employers often deny or unlawfully refuse to pay overtime by misclassifying the positions of the workers, claiming that they are exempt when, in reality, they are not. For example, managers or supervisors could be classified by McDonald’s as exempt, when, in reality, their job duties reflect a non-exempt position.

McDonald’s may also require their employees to report to work early but not “punch the clock” until later or strike hours off of time cards, or they may require employees to work through breaks without compensation. These are violations of the Fair Labor Standards Act (FLSA) and can give rise to an overtime pay lawsuit.

An experienced overtime pay attorney will be able to analyze your case in the context of the FLSA and your state’s laws to determine if you are due overtime wages from McDonald’s.

Does McDonald’s Have to Pay Overtime Wages to its Employees?

In most cases, McDonald’s is required to pay overtime wages to employees that work more than 40 hours in one week. This excludes upper management employees who are considered exempt under the FLSA.

Exemption is not cut and dry, however; the FLSA is a complicated law and state laws can complicate the picture even further.

If you believe that McDonald’s owes you overtime pay, it is best to consult an attorney who has experience with the FLSA and state overtime wage laws.

To determine whether you are eligible for filing a wage claim, contact our experienced McDonald’s Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page.  We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

Has McDonald’s Been Involved in Overtime Pay Lawsuits?

Over the past several years, current or former McDonald’s employees have brought a number of lawsuits against the company and its franchises in an effort to reclaim lost overtime wages. Here are a few examples of such lawsuits:

  • In November 2016, McDonald’s agreed to settle wage and labor class action claims with franchise workers for the first time ever. The workers claimed the global fast food chain is a joint employer with the franchise and should be held responsible for paying back unpaid overtime and other wages. The settlement was a significant victory for fast food workers.
  • McDonald’s employees brought a class action overtime wage claim in California state court, claiming McDonald’s store managers altered time records by erasing employees’ hours worked, denied meal breaks, failed to pay overtime, and required off-the-clock work.
  • McDonald’s employees in New York brought a lawsuit against the franchise owner and his restaurants, claiming they refused to reimburse its employees for cleaning their uniforms, which violates New York law. Additionally, employees, particularly cashiers, were frequently required to work off the clock before and after their shifts without compensation.

 

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