On June 13, 2025, a former KFC employee filed a class action lawsuit against Value FoodService LLC and its subsidiaries. These companies operate at least 20 KFC locations in New York City and are accused of violating the New York City Fair Workweek Law, the New York Labor Law (“NYLL”), and the Fair Labor Standards Act (“FLSA”). The lawsuit alleges these KFC operators failed to provide fast-food workers with predictable schedules, proper notice of schedule changes, and required pay for last-minute changes. Workers also claim they were required to work “clopening” shifts (a late-night shift followed by an early-morning shift) without consent or additional pay.
Further violations alleged in the lawsuit include: time-shaving, by automatically deducting 30-minute meal breaks even when workers didn't take them; not paying for overtime, spread-of-hours pay, call-in pay, or uniform maintenance; failing to provide accurate wage statements or time-of-hire wage notices; refusing to pay out earned sick leave when employment ended; and terminating workers or reducing their hours without “just cause” or written notice as required by the Fair Workweek Law.
What does "clopening" mean, and why is it part of this lawsuit?
Clopening refers to a worker closing a store late at night and then opening it again early the next morning, with little rest in between. The lawsuit alleges KFC operators required this without workers' consent or extra pay, which can violate the NYC Fair Workweek Law's scheduling protections.
What is "time-shaving," and how does it show up in this case?
Time-shaving is when an employer reduces the hours it pays for compared to hours actually worked. Here, the lawsuit alleges KFC operators automatically deducted 30-minute meal breaks from paychecks even on days workers didn't take a break.
Do I need to do anything to join this lawsuit?
It depends on how the case is structured. An FLSA collective action generally requires affected workers to opt in, while a class action may include workers automatically. The fastest way to find out where you stand is to contact Fitapelli & Schaffer directly.
What can I recover if this applies to me?
Depending on your circumstances, you may be entitled to recover unpaid wages, overtime, liquidated damages, and other damages tied to the specific violations alleged in this case.
Where can I view the complaint that was filed?
The filed complaint is publicly available as a PDF, linked directly from this page.
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