Karina Basso  |  July 22, 2014

Category: Labor & Employment

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McDonald'sThe proposed Class of McDonald’s workers alleging that the fast-food chain failed to provide rest and meal breaks and overtime pay for its employees have petitioned to have the McDonald’s unpaid overtime class action lawsuit sent back from federal court to California state court.

Plaintiff Jason Hughes, who is also the Class representative, asked Judge Phyllis Hamilton to send the unpaid OT class action lawsuit back to Alameda County Superior Court where Hughes originally the wage and hour lawsuit filed back in March. The unpaid overtime class action lawsuit had been removed to California federal court a month later, based on McDonald’s assumptions of potential damages.

The plaintiffs alleged that McDonald’s inaccurately calculated its estimated liability as more than $5 million, which is the threshold for federal jurisdiction. Based on these calculations, McDonald’s had Hughes and other employees’ case moved to federal court.

However, the plaintiff’s attorney claimed that the total cost of damages would actually be closer to $4 million and that McDonald’s defense had calculated a larger number based solely on Hughes’ particular circumstances that had been estimated to apply to every single employee paycheck of the Class Members involved in the unpaid overtime class action lawsuit.

Hughes and the other former McDonald’s employees allege that during their employment by the fast food franchise, the managers purposefully adjusted time records and erased the hours worked of some employees. Additionally, these employees allegedly were also denied meal and rest periods during busy work hours, required to perform unpaid labor before and after their scheduled shifts, and denied overtime pay.

Judge Hamilton has yet to make a decision regarding the plaintiff’s plea to send the case back to the state court.

California Labor Laws Concerning Meal Breaks and Overtime Pay

California labor laws and Federal Labor Standards Acts (FLSA) were instituted to protect workers from employer abuse and to ensure fair wages. Where overtime pay is concerned, the FLSA requires that an employer pay an employee one-and-half times their regular pay for every hour worked over the average 40-hour work week.

However, California state laws takes this one step further — mandating that an employee be paid twice their hourly wage if they work more than 12 hours past 40 hours a week.

California labor laws also have rules concerning employees’ rest and meal periods.

According to the California Division of Labor Standard Enforcement, California labor law: “(A) No employer shall employ any person for a work period of more than five (5) hours without a meal period of no less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee.”

“(B) If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided,” it adds.

In the ongoing McDonald’s unpaid overtime class action lawsuit, Hughes and four other former employees’ unpaid overtime lawsuits allege that California McDonald’s branches have violated these among other California and FLSA labor codes.

UPDATE: The California McDonald’s wage and hour class action settlement is now open. Click here to learn more! 

Join a Free Unpaid Overtime Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone. Learn more and obtain a free evaluation of your case to see if you’re eligible for back pay and other compensation at the Unpaid Overtime Lawsuit: Wage & Hour, Overtime Pay Class Action Lawsuit Investigation.

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One thought on Plaintiff: McDonald’s Unpaid OT Lawsuit Should Go Back to State Court

  1. Top Class Actions says:

    UPDATE: The California McDonald’s wage and hour class action settlement is now open. Click here to learn more! 

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