Los Angeles, CAMcDonald’s is the latest large corporation to face a California unpaid overtime lawsuit. Although lawsuits against some corporations allege employees are denied overtime pay due to security measures, in the case of McDonald’s, the lawsuits allege among other things that employees are not properly paid for work done during overtime hours.
The McDonald’s lawsuits - four filed in California, two in Michigan and one in New York - allege the company has failed to properly compensate its employees for work. According to the New York Times (3/13/14), approximately 30,000 workers could be affected by the lawsuits, which seek class-action status. Among the allegations made against McDonald’s are that the company did not pay employees properly for overtime work, that employees were forced to work off the clock and employers removed hours from employee timecards. Allegations also include claims that employees were denied proper meal and rest breaks. Included in the lawsuits are both company-owned and franchise-owned restaurants.
Other large corporations have also faced overtime lawsuits filed by California employees. Among them are lawsuits filed against Urban Outfitters and Apple, by employees who allege they should have been paid for time spent waiting for security checks before leaving their workplace. Many companies require employees to undergo security checks to prevent theft from stores. Plaintiffs in the lawsuits allege they are forced to clock out before those security checks, but the checks can add an extra 10 to 15 minutes to their work day at the end of the shift and can run into their unpaid break.
For employees who already work full-time hours, the added time could mean they should be receiving overtime pay.
The Urban Outfitters lawsuit alleges the company’s timekeeping system did not correctly record all hours worked and also allowed the employers to manipulate employee time records, including to make it appear employees were given their breaks when they were not. At issue is whether or not security checks constitute work-related duties on the part of the employee, which would mean the employee should be paid for them. Plaintiffs allege the security checks are for the sole benefit of the employer - to prevent theft - and are mandatory for all employees, therefore they should be paid.
The Urban Outfitters lawsuit is case number 37-2013-00073549-CU-OE-CTL, filed in San Diego County Superior Court. The Apple lawsuit is case number 3:13-cv-03451-EDL.
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