Taco Bell Employees File Class Action in NYC

Posted by: Brian Schaffer

Fitapelli & Schaffer filed a class action lawsuit against a Taco Bell franchise in New York City, MHF Ralph LLC and related entities. The lawsuit claims that Taco Bell violated New York Labor Law and New York City’s Fair Workweek Law by failing to compensate hourly employees properly.

What Does the Taco Bell Class Action Allege?

The lawsuit alleges that Taco Bell failed to pay employees for spread-of-hours shifts, didn’t provide extra pay for certain clopening shifts, and failed to compensate workers for last-minute schedule changes. It also alleges violations of uniform maintenance pay regulations.

What Are the Alleged Scheduling and Clopening Violations?

New York wage rules and the NYC Fair Workweek Law provide different protections that can apply to fast-food workers, including certain scheduling and premium-pay requirements.

What Compensation Does the Lawsuit Seek?

The lawsuit seeks damages for unpaid wages, schedule violations, and other compensation for affected employees.

An inquiry doesn’t establish that a claim exists, guarantee that the firm can accept the matter, or create an attorney-client relationship. This page provides general information, not legal advice. Don’t send confidential or time-sensitive information through an online form. Prior results don’t guarantee a similar outcome.

FREQUENTLY ASKED QUESTIONS

What is spread-of-hours pay for New York restaurant workers?

New York’s hospitality wage rules can require an additional hour of pay at the applicable minimum wage when the interval between the beginning and end of a worker’s workday exceeds 10 hours. This is commonly called spread-of-hours pay. It’s distinct from overtime and can be relevant even when the employee doesn’t work more than 10 actual hours.

How much notice should NYC fast-food workers receive before a schedule starts?

Covered NYC fast-food employers generally must provide work schedules 14 days in advance and must also provide regular-schedule information. Changes after that advance-notice period can trigger additional Fair Workweek requirements, including potential premium pay. Workers should keep the original schedule as well as later versions, because establishing when a shift was added, canceled, shortened, or moved can be important in determining whether a schedule-change premium was required.

When does a clopening shift require extra pay in New York City?

For covered fast-food workers, NYC law generally addresses closing-to-opening shifts when there are fewer than 11 hours between shifts. A worker generally must provide written consent to work a qualifying clopening and receive a $100 premium. That payment is separate from ordinary wages for the hours worked. Depending on the circumstances, a schedule change associated with the clopening can also implicate other Fair Workweek protections.

Can uniform-maintenance requirements create a separate wage claim for restaurant workers?

They can under applicable New York wage rules. Uniform requirements can raise issues concerning required maintenance pay or the employer’s obligation to handle uniform laundering, depending on the type of uniform and the circumstances. The Taco Bell lawsuit alleges that employees were required to maintain uniforms without receiving legally required uniform-maintenance compensation. Whether a particular worker is entitled to such pay depends on the governing wage order and facts.

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Fitapelli & Schaffer, LLP - Employment Lawyers
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New York, NY 10005
(212) 300-0375
(212) 481-1333

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