Even after a New York McDonald’s franchise owner settled a class action with his employees over unpaid wages, McDonald’s workers still have wage claims in three states. McDonald’s employees in California, Michigan and New York have filed separate cases against the company and some of its franchise owners for underpaying their employees. Employees have brought two lawsuits in Michigan, three lawsuits in California, and two lawsuits in New York. The seven lawsuits are seeking class action status.
In the various wage claims, employees say the McDonald’s franchises erased hours from their time cards; failed to pay overtime; and told their employees to work off the clock. The Michigan lawsuits claim employees were given start times stating when they had to arrive, but they were not paid until a few hours afterward when a sufficient amount of customers arrived. Supposedly, the reason for this is because of the software the franchises use and a policy of reducing staff during slow periods to reduce costs. However, the employees were still required to remain on premises until end of their schedule or when more customers arrived and they clocked back in. The California lawsuits include allegations of unpaid hours worked and denied meal and rest breaks. According to one California employee not only were they told to clock out during slow periods, yet remain on premises, they were allegedly denied break periods when the restaurant was busy and understaffed. Additionally some employees were allegedly made to pay for their uniforms, which is illegal and a wage violation since it reduced pay to sub-minimum wage levels.
The lawsuits are currently against the individual franchises and their owners; however, the plaintiffs are seeking to include McDonald’s because it is a joint employer and should be aware of and guiding the activities of its franchises. McDonald’s said it was looking into the allegations. In many overtime and wage claims, employers will conduct their own investigation both to see if there is a problem and to see if there are areas in need of improvement.
Most employers prefer their employees raise their concerns internally prior to filing a lawsuit, so problems can be investigated and addressed and litigation avoided. However, most wage claims arise when employers ignore or prevent employee’s complaints and concerns or fail to address those concerns. This usually results in a lawsuit but may also lead to company-wide changes benefiting the plaintiffs, the company, and its other employees.
If your wage concerns have gone unanswered or you work for McDonald’s and believe you are owed unpaid wages or overtime, contact our experienced team of overtime pay lawyers today at (855) 754-2795 to discuss your situation. Or complete the Free Unpaid Overtime Case Review form on the top right of this page and our knowledgeable legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.