Email Page Print Page Bookmark Page Smaller Text Larger Text


SWCK files class action against McDonalds for widespread failure to pay wages

Call us at (800) 689-0024
or Inquire Online »




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 Konecky LLP, Berger &

Montague, P.C. of Philadelphia and Martin & Wilson, P.A. of Wilmington, Del.

Individuals who have undergone an assistant manager training at any

McDonald’s corporate restaurant in the U.S. at any time since July 18, 2005

are potentially members of the collective action lawsuit and can join or obtain

additional information by calling 415.421.7100 or visiting


“This is an obvious violation of the overtime laws,” said Joshua Konecky of

Schneider Wallace Cottrell 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.


Schneider Wallace Cottrell Konecky LLP is a dedicated group of

California trial lawyers committed to continuing the work of the civil rights

movement through individual and class action litigation. For 15 years, the

firm’s attorneys have handled class action lawsuits involving disability rights

employment discrimination wage and hour and consumer rights.

  back to top