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New York McDonald’s Franchise Settles Wage Lawsuit

NEW YORK — A New York McDonald’s franchise owner has agreed to a settlement in one of the most recent wage claims against the fast food giant. The wage claim includes violations of New York state law from 2007 to July 2013 regarding uniforms, hours worked, and overtime. The settlement calls for the owner of seven franchised restaurants to pay almost $500,000 to more than 1,600 affected employees. The franchises will also create new training and procedures to address the problems and will be monitored for labor law compliance.   

After the wage violation claims were made the seven restaurants were investigated. The investigation found a number of violations. These violations include laundry allowances, working off the clock, and cashier shortfall deductions. 

According to the lawsuit, the franchise owner and his restaurants refused to reimburse its employees for cleaning their uniforms. New York law requires employers who require their employees to wear a uniform to either launder the uniforms for the employees or to provide a laundry allowance for employees to clean their uniforms. The majority of the settlement amount is intended to reimburse employees who did not receive a laundry allowance.    

According to the investigation, the franchises refused to pay their employees for all the hours they worked. Employees, particularly cashiers, were frequently required to work off the clock before and after their shifts. Requiring employees to work off the clock is a violation of both state and federal law as it affects the number of recorded “hours worked.” “Hours worked” is the number used to determine an employee is entitled to overtime during a given week. Improper record keeping of “hours worked” is also a violation. 

Additionally, in this case, New York law requires an additional hour of pay, at minimum wage, when employees work more than 10 hours in a day. The franchises refused to pay this additional hour of wages. 

Cashiers are often required to handle money transactions quickly and in chaotic situations, particularly during mealtime rushes. Occasionally, these quick transactions, and even in slower transactions, can cause cash registers to fall a little short on the amount of money that should be there at the end of a shift. This is not an unexpected situation and in most situations employees are not responsible for covering the shortage. However, in this case, the franchise made some cashiers pay the difference with their own money. This practice is unexpected and an unlawful wage deduction.

It can be difficult at times to know if your rights regarding your wages are being violated. However, if you are a fast food worker and believe you are entitled to unpaid wages, call 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 top rated 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.

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