Wendy’s Employees File Overtime and Scheduling Lawsuit

Posted by: Brian Schaffer

A former Wendy’s employee filed a class-action lawsuit against NY Bacon LLC, which operates several Wendy’s franchises in New York City. The lawsuit claims that the company violated the New York City Fair Workweek Law by failing to provide predictable schedules, adequate notice of schedule changes, and other required protections.

What Does the Wendy’s Fair Workweek Lawsuit Allege?

The complaint alleges that workers didn’t receive written schedule estimates, that schedules were changed without proper notice or consent, and that new shifts weren’t offered to current employees before new workers were hired. It also alleges terminations without just cause or a written explanation.

What Scheduling Protections Are at Issue?

The former employee seeks class certification for affected fast food workers employed by NY Bacon LLC since February 2021. The lawsuit seeks unpaid premium pay for schedule changes, back pay, compensatory damages, and other relief.

Who Does the Proposed Class Seek to Cover?

The allegations focus on the scheduling and job-protection requirements that apply to covered fast-food workers in New York City.

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

How far in advance must a NYC fast-food employer provide a work schedule?

Covered fast-food employers generally must provide schedules 14 days before the first day on the schedule and provide a regular schedule that stays consistent from week to week. The Fair Workweek Law also regulates later changes. If shifts are added, canceled, shortened, or moved after the advance-notice period, premium pay or worker consent may be required depending on the circumstances. Keeping each version of a schedule can help document when a change occurred.

Do NYC fast-food employers have to offer extra shifts to current employees first?

The Fair Workweek Law includes an access-to-hours requirement for covered fast-food employers. Generally, employers must offer available shifts to existing workers before hiring new employees to fill those hours, subject to the law’s procedures and exceptions. The Wendy’s complaint alleges that available work wasn’t properly offered to current employees.

What does just cause mean for NYC fast-food workers?

NYC law gives covered fast-food workers protections against discharge and significant reductions in hours without just cause, after an applicable probationary period, subject to separate rules for bona fide economic reasons. Just cause generally requires a legitimate, non-arbitrary basis and compliance with procedural protections. A written explanation can be important. Whether an employer had just cause is fact-specific and can involve the worker’s record, workplace rules, progressive discipline, and how comparable situations were handled.

Can a fast-food worker have both overtime and Fair Workweek claims?

Yes, potentially. Overtime and Fair Workweek protections address different conduct. Overtime law generally concerns compensation for covered hours worked beyond the applicable threshold, while Fair Workweek rules address scheduling practices such as advance notice, schedule changes, clopenings, access to hours, and job protections. A worker’s circumstances can implicate both sets of rules. The applicable claims depend on the hours worked, pay received, scheduling events, employer coverage, and other facts.

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