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