Class Action Alleges Widespread Violations Of Labor Standards by McDonald’s Nationwide
Suit Claims Assistant Managers Must Cook and Clean Without Overtime Pay
SAN FRANCISCO, Nov. 17, 2008 – An amended collective action complaint was filed in the U.S. District Court for District of Delaware against McDonald’s Corp. on behalf of their “assistant managers” nationwide for violations of the Fair Labor Standards Act. The suit claims McDonald’s requires employees during a three month assistant manager training program to work the jobs of hourly employees for 45-60 hours a week without the legally mandated overtime pay.
The lead plaintiffs, Alissa Justison and Joseph Capitani, Jr., previously worked as assistant managers for McDonald’s, where they say both underwent the standard three-month training. Despite the “assistant manager” job title, the complaint alleges Justison, Capitani and McDonald’s other assistant managers spent nearly all of their time during the training program doing the work of the other hourly employees at the restaurant—primarily cooking, serving food and cleaning trash. The assistant managers do not have real management authority or discretion, according to the lawsuit; meaning the employees are entitled to overtime pay for working more than 40 hours a week. However, the collective action suit claims McDonald’s willfully and systematically fails to pay these employees any overtime pay, despite requiring 45, 50 or even 60 hours of work a week during the training period.
Attorneys prosecuting the alleged labor law violations are from San Francisco-based
Schneider Wallace Cottrell
Brayton Konecky LLP, Berger & Montague, P.C. of
“This is an obvious violation of the overtime laws,” said Joshua Konecky of Schneider Wallace Cottrell Brayton Konecky LLP. “It is disappointing that in this day and age, a major corporate power like McDonald’s would make such a transparent attempt to deny thousands of their employees the overtime pay they deserve.”
In addition, the suit claims the assistant managers were assigned special McDonald’s workbooks to complete at home without pay and required to provide up to three hours per day of uncompensated transportation to and from training sites.
Once training was completed, the assistant managers still did not have the level of discretion and control over the company’s operations to make them true managers, added Konecky.
Wallace Cottrell Brayton Konecky LLP is a dedicated group of