Los Angeles Superior Court — Case No. BC499888
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**UPDATE** On October 5, 2020, the Court Entered the Order and Judgment Granting Final Approval of the Class Action and PAGA Settlement. The Claims Administrator will issue settlement payments in early November. If you have recently moved and would like to update your mailing address, please call 1-888-927-0211.
This Lawsuit was filed by Maria Sanchez, Ines Mendez Merino, Jonathan Valentin, and David Cruz, on behalf of themselves and a class of current or former crew members at McDonald’s corporate-owned stores in California. The Lawsuit claims that McDonald’s failed to: provide required meal periods and rest breaks; pay overtime and minimum wages; pay all wages due to discharged and quitting employees; provide accurate itemized wage statements and maintain required records; and indemnify employees for necessary expenditures. Plaintiffs also allege that McDonald’s violated the Unfair Competition Law and contend that they and the aggrieved employees are entitled to recover penalties under the Private Attorneys General Act (“PAGA”), Labor Code §§ 2698 et seq. Plaintiffs sought back wages, liquidated damages, injunctive and declaratory relief, civil penalties, interest, attorneys’ fees, and costs. A copy of the Third Amended Complaint is available by clicking here.
McDonald’s denies that it has violated any law, or engaged in any wrongdoing with respect to the Plaintiffs or the Class Members. The Settlement is not an admission of any wrongdoing by McDonald’s. By approving the Settlement and issuing Notices of Class Action Settlement (“Notices”), the Court is not suggesting which side would win or lose this case.
All persons currently or formerly employed by McDonald’s Restaurants of California, Inc. (“McDonald’s”) as non-managerial hourly workers at one or more of McDonald’s corporate (i.e., non-franchised) restaurants in California at any time between January 24, 2009 and March 4, 2020. Non-managerial hourly workers include crew members, crew trainers, primary maintenance persons, backup maintenance persons, crew OJEs, shift manager trainees, core crew members, crew chiefs, and MA core shift manager trainees.
McDonald’s will pay $26,000,000 (twenty-six million dollars, the “Settlement Payment”) if the Court grants final approval of the settlement. In addition, McDonald’s will separately pay all costs of preparing and distributing the Class Notice and administering the settlement. The Court has approved CPT Group, Inc. to act as the “Claims Administrator,” which is responsible for distributing individualized Notices to Class Members and which will perform settlement administration duties.
McDonald’s has also agreed to change or continue certain practices at its corporate-owned restaurants in California, including by: (1) paying the required one-hour wage premium to each crew member for each day that McDonald’s does not provide that crew member with full, timely meal periods and rest breaks; (2) permitting all crew members to leave restaurant premises during meal periods, except to the extent necessary to ensure crew member safety; (3) tracking meal periods and rest breaks; and (4) providing additional work uniforms to crew members when their uniforms become worn out or damaged (including by grease or oil stains). McDonald’s has further agreed to provide trainings to managers and crew members at California corporate-owned restaurants on the requirements of California law. The specific provisions are set forth in the Settlement Agreement, which you may review by clicking here.
If you received a Notice in the mail, you do not need to do anything to receive your Settlement Payment. Your payment will be mailed to you automatically, after the Court grants final approval to the Settlement and final judgment is entered. You will be bound by the release of claims against McDonald’s described in the Notice and the Settlement Agreement.
Request a Claim Form
If you did not receive a Notice in the mail and believe you are a member of the Class, you must submit a Claim Form to participate in the Settlement. Click here to access a Claim Form. You may contact the Claims Administrator with any questions by calling 1-888-927-0211.
You may “opt out” of the Settlement, if you do not wish to participate in the Settlement. If you opt out, you will not receive any payment under the Settlement. This is the only option that allows you to pursue your own claims (in your own lawsuit) against McDonald’s about the legal claims in this case. If you want to opt out, you must follow the instructions in Section I of the Notice, available here, and you must mail your opt-out request to the Claims Adminis-trator no later than July 31, 2020. Untimely opt out requests will be rejected.
Submit a written statement to the Claims Administrator no later than July 31, 2020 if you think the Settlement is not fair. See Section J of the Notice, available here, for instructions on how to object. If the Court approves the Settlement over your objections, you will receive a Settlement Payment and be bound by the release of claims against McDonald’s described in this Notice and the Settlement Agreement.