While some employers like to pay their hourly employees on a per-shift basis, this is only legal if the employees actually work those hours and no more. Angeline Jean-Baptiste, a cashier in a Burger King restaurant in Boynton Beach, Florida, has filed a class action lawsuit against the Burger King Corporation in the United States District Court for the Southern District of Florida on behalf of herself and similarly situated current and former employees of Burger King Corporation.
The Burger King Corporation's policy is that any "Team Member" such as the plaintiff, is prohibited from "performing any work while not clocked in". However, the plaintiff alleges that she was required to clock out at the end of her shift (or was physically clocked out by a member of management) but was regularly asked to stay after clocking out to perform such tasks as cleaning, mopping, fixing the milkshake machine, and dropping money in the safe. Due to these practices, the plaintiff regularly was required to work and did work straight hours and, in some weeks, more than 40 hours in a week for which she was not paid. The plaintiff also alleges she was not allowed to take breaks or have meals despite the fact that Burger King's policy provides for "time out for breaks and meals".
The restaurant also allegedly required black patrons of the drive-thru to back up before receiving food service but did not require white patrons to do so. When the plaintiff refused to participate in these unlawful practices she was ridiculed by co-workers and, in one instance, sent home early with a warning that, if she couldn't do the job, she would have to find another one.
The plaintiff allegedly complained about the unlawful pay practices to both the general manager and the human resources department. Both acknowledged that the practices were unlawful but allegedly nothing was ever done to correct the situation. Plaintiff was eventually terminated, allegedly for her complaints about these practices, in which case her termination would be unlawful since her complaints were protected actions.
The attorneys at Chicago Overtime Law Center have decades of experience litigating wage and hour cases, including overtime, vacation pay, meal breaks, and tips. The Chicago Overtime Law Center has offices conveniently located in Oakbrook Terrace and Chicago, Illinois. We handle cases in Waukegan, Joliet, and Naperville and throughout the Chicago area. If you live in Illinois and have a wage and hour dispute, contact an Urbana overtime attorney today at 312-869-4095 or online.