Seven class action Fair Labor Standards Act (FLSA) lawsuits are pending
against McDonald’s Corporation and numerous McDonald’s franchises
alleging wage and hour violations. The FLSA requires that employers pay
at least minimum wage and provide non-exempt workers overtime compensation
at a rate of one and one-half times their standard rate of pay. If you
have questions about your rights pursuant to the FLSA or believe that
you have not been paid what you deserve, it is important to consult with
Atlanta wage and hour attorney right away.
According to the recently filed lawsuits, McDonald’s Corp. and the
franchises violated federal wage and hour laws in several significant
ways. For example, the lawsuits allege that McDonald’s improperly
shaved time from employees’ time cards, failed to pay overtime compensation
to those employees who worked more than 40 hours in a work week, and required
employees to work off the clock.
While such allegations are common in wage and hour lawsuits, the class
action lawsuits also raise an interesting argument – that the McDonald’s
Corporation is a joint employer of the franchisee workers. The lawsuits
allege that the corporation plays a “heavy hand” in monitoring
and guiding many of the franchisees’ timekeeping policies and structures.
For example, the timekeeping software provided by the corporation dictated
when individual store managers could allow workers to clock in based on
the amount of sales. Often, the workers were required to work “off
the clock” as a result of this practice, according to the lawsuits.
In determining whether the corporation served as a “joint employer”
a court will typically look at the entirety of the circumstances –
such as the ability to hire or fire employees, supervision of workers
schedules and issues such as wages and working conditions. Whether the
court will determine such arrangement exists in this situation could potentially
have a great impact on franchise workers’ rights and remedies across
For more information or if you believe that you have not been paid all
you deserve, or that your employer has violated wage and hour laws, please
contact the experienced
Georgia wage and hour lawyers at The Buckley Law Firm, LLC for an immediate consultation.