McDonald’s Overtime and Breaks Labor Violations California Class Action

This California class action brings suit against McDonald’s Restaurants of California, Inc. and McDonald’s USA, LLC for employment violations. Among the allegations are unpaid overtime and failure to allow for proper rest and meal breaks. As is usual in such cases, these violations have led to “downstream” problems, such as inaccurate wage statements and waiting time penalties, under California’s Labor Code, its Business and Professions Code, and its Industrial Welfare Commission Wage Orders.

Plaintiff John Rocha worked for McDonald’s in California as a non-exempt employee from approximately May 2018 to August 2019. As a Crew Member and Lead Crew Member, he was responsible, at various times, for “preparing food, helping customers, operating the cash register, manning the drive-thru, cooking menu items, [and] cleaning the restaurant…”

The complaint claims that he was required to perform off-the-clock work before his scheduled shift “to assist other crew members and shift managers.”

In the area of breaks, the complaint alleges, Rocha was not given a required thirty-minute meal period or the second required meal period for shifts longer than ten hours. These meal periods were not properly scheduled in during his workday, and when he was able to take a meal break, the complaint says, it was not uninterrupted. In fact, the complaint alleges, Rocha “was rarely provided an opportunity to take a meal or rest period.” On the days when he was not given a proper rest period, the company did not give him the required premium of an additional hour’s pay.

The complaint also alleges that the restaurant’s timekeeping system kept inaccurate records, “whether by rounding, time-shaving, or making them work during their breaks or off-the-clock.” When Rocha did work more than eight hours in a day, the complaint claims, he was not paid overtime. The complaint says, “Due to [the restaurant’s] timekeeping practices…, [Rocha] and other non-exempt employees were not compensated for all required minimum and overtime wages.”

The complaint says, “As a result of [the company’s] failure to pay all minimum wages, overtime wages, and meal and rest period premium wages, [the company] also maintained inaccurate payroll records and issued inaccurate wage statements to [Rocha] and failed to pay all final wages owed to [Rocha] and other non-exempt employees upon separation of employment.”

Seven classes have been proposed for this action.

The Overtime Class is all current and former non-exempt employees of the defendants in this case who worked more than eight hours per day or forty hours per workweek and who were subject to the defendants’ timekeeping practice, between July 2, 2016 and the present.

The other classes include a Minimum Wage Class, a Meal Period Class, a Rest Period Class, an Expense Reimbursement Class, a Wage Statement Class, and a Waiting Time Class. For further details on these classes, see pages 17-18 of the Notice of Removal and Complaint document linked below.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

McDonald’s Overtime and Breaks Labor Violations California Complaint

July 2, 2020

This California class action brings suit against McDonald’s Restaurants of California, Inc. and McDonald’s USA, LLC for employment violations. Among the allegations are unpaid overtime and failure to allow for proper rest and meal breaks. As is usual in such cases, these violations have led to “downstream” problems, such as inaccurate wage statements and waiting time penalties, under California’s Labor Code, its Business and Professions Code, and its Industrial Welfare Commission Wage Orders.

McDonald’s Overtime and Breaks Labor Violations California Complaint

Case Event History

McDonald’s Overtime and Breaks Labor Violations California Complaint

July 2, 2020

This California class action brings suit against McDonald’s Restaurants of California, Inc. and McDonald’s USA, LLC for employment violations. Among the allegations are unpaid overtime and failure to allow for proper rest and meal breaks. As is usual in such cases, these violations have led to “downstream” problems, such as inaccurate wage statements and waiting time penalties, under California’s Labor Code, its Business and Professions Code, and its Industrial Welfare Commission Wage Orders.

McDonald’s Overtime and Breaks Labor Violations California Complaint
Tags: Employment Violations, Failure to Allow for/Figure in Break Time, Unpaid Overtime