McDonald's employees in Missouri say they aren't paid for all work

Daily Record and the Kansas City Daily News-Press, Apr 15, 2008 by Aaron Bailey

It might be a McJob, but some McDonald's employees want their McOvertime.

A class action lawsuit against the fast-food giant alleges Missouri employees were not compensated for all the hours worked on and off the clock. Although the initial suit was filed in Cole County in February, attorneys for Illinois-based McDonald's Corp. moved the suit to federal court in Kansas City on Friday.

The suit claims employees of corporate-owned McDonald's restaurants are often denied meals and forced to work through their breaks. The employees' electronic time records are then allegedly manipulated to reflect a break.

The class action also demands compensation for work done by employees off the clock, like washing their uniforms at home.

The unpaid time equates to unpaid overtime in most cases, according to the suit.

The suit names three plaintiffs, Amy and Michael Doyel and Alex Prodes, of St. Louis, who were or are employees of a McDonald's in Oakville in St. Louis County. Edward "Chip" Robertson, of Jefferson City-based Bartimus, Frickleton, Robertson & Gorny, is the lead plaintiffs' attorney. Robertson was out of the office this week and unavailable for comment.

Two firms -- Chicago-based Stephan Zouras and Washington, D.C.- based Cuneo Gilbert & LaDuca -- are also listed for the plaintiffs.

McDonald's is represented by the Chicago office of Jones Day. Jonathan M. Linas, of Jones Day, declined to comment on the pending litigation.

In the petition for removal to federal court, McDonald's claims 2,021 employees could fall into the class category. The potential class members are nonexempt, hourly employees of corporate-owned McDonald's restaurants.

According to the petition, the overtime amount in question is more than $5 million. By taking an average hourly pay of $7.55, and 1.75 hours of overtime during a 65-week period, the 2,021 employees' claims would be $5,206,980.20, including a two-times standard damages multiplier, according to the document. The complaint also seeks liquidated damages and attorney fees.

The suit claims the unpaid work can be verified through McDonald's computer records. Employees clock in and out using a store computer, according to the suit.

In addition to not being paid overtime for washing uniforms at home, the complaint states employees are "encouraged" to work before and after they officially punch the time clock. The suit seeks relief under Missouri employment law, which requires employers to rightfully compensate employees for time worked.