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 — years in the making — for the workers seeking justice and their rightfully earned pay denied to them by McDonald’s.
The case began in 2014 when a group of McDonald’s workers from Northern California made several accusations against the restaurant chain’s franchise owner. The complaints included allegations of unpaid overtime, failure to pay minimum wage, doctoring time records, and withholding wages of employees who left the company.
Workers claim the deceptive business practices stretch as far back as 2010 and continue to be practiced to the present day. The franchise owner in question of the suit settled allegations between himself and almost 500 current and former employees for a sum of nearly $700,000 yet McDonald’s corporation themself continue to fight the allegation.
Reports suggest the case could ultimately be worth millions of dollars in compensation given the length of time and sheer number of claimants. McDonald’s defense holds the parent corporation does not share the responsibility of tracking hours and paying employees, a duty which rests solely on the shoulders of the franchise owner.
However, in their complaint the plaintiffs assert McDonald’s provided its franchises with payroll software design to shortchange employees and intentionally withheld due wages. By certifying the class of California litigants, other employees with similar claims in other states and for other franchises may have the opportunity to join the suit and recover their own unpaid overtime wages.
How Many Years of Unpaid Overtime Can I Recover in a Lawsuit?
Under federal law, plaintiffs in unpaid overtime wage lawsuits are eligible to recover two years of unpaid wages. This is known as a statute of limitations and no matter how far back the defendant violated the Fair Labor Standards Act, the plaintiff can only recover two years of unpaid overtime.
If the plaintiff can prove in court the defendant knowingly violated the FLSA, he or she may be able to recover an extra year of unpaid overtime. Often times, defendants claim ignorance to their FLSA overtime pay violations but plaintiffs and their attorneys can hold them to this in open court and recover the maximum of three years of unpaid overtime wages in these situations.
Fast Food Worker Unpaid Overtime Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.