Boston Market Fails to Pay Arizona Employees, Class Action Claims

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A proposed class and collective action claims the owners of certain Boston Market restaurants in Arizona have failed to pay workers since May 2023 in violation of federal and state labor laws.

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According to the 25-page lawsuit, Boston Market Corporation, Boston Chicken of AZ LLC and four individual owners have, over the past several months, regularly failed to compensate Arizona employees for the work they performed or delivered their paychecks late.

“Indeed, on information and belief, since approximately May 2023, Defendants have failed to pay any of their employees in any of their Arizona Boston Market restaurant locations any wages whatsoever for time worked in a given workweek,” the complaint alleges.

The filing contends that under the federal Fair Labor Standards Act (FLSA) and the Arizona Minimum Wage Act, the restaurant chain is required to pay non-exempt employees at least minimum wage for all hours worked. Importantly, an employer’s failure to timely pay workers on payday is also considered a violation of the FLSA’s minimum wage provision, the case points out.

The complaint further claims the defendants have failed to pay non-exempt employees time-and-a-half wages for every hour worked over 40 per week, as required by the FLSA’s overtime provision.

“On information and belief, [the defendants] have temporarily closed most or all their Arizona Boston Market restaurant locations, apparently at least partially as a result of their failure to pay their employees as described herein,” the case says.  

The lawsuit seeks to represent anyone who worked at any of the defendants’ Boston Market restaurant locations in Arizona and did not receive at least the applicable minimum wage and/or overtime premium as a result of not receiving at least one paycheck on time or at all in a given workweek, beginning May 2023 through the present.

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