Lawsuit Claims California McDonald’s Operator Failed to Provide Accurate, Itemized Wage Statements [UPDATE]
by Erin Shaak
Last Updated on January 25, 2022
Manzo v. McDonald’s Restaurants of California Inc.
Filed: August 20, 2020 ◆§ 1:20-cv-01175
A California McDonald’s shift manager has sued the restaurant operator over its apparent failure to provide employees with accurate, itemized wage statements.
January 25, 2022 – Calif. McDonald’s Wage Statement Case Settled for $2 Million
The proposed class action detailed on this page has been settled for $2 million.
In a 20-page order submitted on January 20, 2022, U.S. Magistrate Judge Helena M. Barch-Kutcha preliminarily approved the deal, which grants relief to roughly 5,500 current and former California McDonald’s workers.
The settlement generally covers non-exempt California McDonald’s employees who received wage statements that included daily, weekly or seventh day premium overtime and/or MQ1 True Up wages at any point from April 6, 2019 through January 20, 2022.
The average compensation to be paid to current and former McDonald’s workers covered by the settlement is $216.06, though the actual amount will depend on the employee’s number of affected wage statements, the approval order states.
Those covered by the settlement are expected to receive notice via mail.
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A California McDonald’s shift manager has sued McDonald’s Restaurants of California Inc. over the company’s apparent failure to provide employees with accurate, itemized wage statements.
Alleging violations of the California Labor Code, the 11-page proposed class action lawsuit claims the wage statements issued to the defendant’s McDonald’s employees unlawfully failed to identify the correct rates of pay—including for overtime and “MQI True Up” wages—and the applicable number of hours for which each rate was paid.
The plaintiff, who began working for the defendant in August 2014 as a non-exempt shift manager, says that whenever she was paid overtime wages, the wage statements she received did not identify the proper overtime rate as 1.5 times her regular rate of pay. Instead, overtime rates appeared as 0.5 times her base hourly rate, the suit claims.
Similarly, whenever “MQI True Up” wages were paid to the plaintiff and proposed class members, their wage statements failed to identify both the correct rates of pay and the number of hours for which those rates were paid, the case alleges.
According to the lawsuit, McDonald’s Restaurants of California has acted “intentionally and with deliberate indifference and conscious disregard” of the rights of employees by failing to provide accurate, itemized wage statements. The defendant’s “systemic illegal employment practices” have harmed the plaintiff and similarly situated employees, the case argues, claiming the workers are entitled to damages and penalties as set forth under California law.
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