For the third consecutive year, McDonald’s Corporation must respond to allegations of widespread sexual harassment of female workers by male managers and coworkers. Protests concerning low wages began over seven years ago, but the workers have now added sexual harassment and discrimination to their list of workplace grievances. Last week, sexual harassment complaints were filed by 25 workers with assistance from the labor group Fight for $15, and the sexual harassment attorneys of the Time’s Up Legal Defense Fund. The claims allege a broad range of incidents including groping, lewd comments, and retaliation by management.
More Than 50 Harassment Complaints Over Three Year Period
Over the past three years, McDonald’s has had more than 50 complaints about various types of harassment in the workplace. Sexual Harassment attorney, Eve Cervantes, who is representing one of the women, stated that some of the alleged victims were as young as sixteen. Three of the complaints were filed as civil rights lawsuits.
The complaints of sexual harassment and gender-based discrimination specifically included requests for sex, indecent exposure, inappropriate touching, and retaliation for reporting such conduct. In one complaint, Jamelia Fairley, a Florida employee alleged that for several months she was sexually harassed at the McDonald’s where she was employed. Her allegations included hearing lewd comments made about her daughter, who was only a year old at the time. Fairley alleges that her hours were reduced after the harassment was reported.
Another worker, Kimberly Lawson, expressed a desire to see McDonald’s recognize a union, which would assist employees to address issues such as sexual harassment, workplace violence, and low pay. Lawson filed a complaint last year with the Equal Employment Opportunity Commission–EEOC–alleging that she was groped by a coworker, but that her manager began to sexually harass her as well, after ignoring her complaint.
A McDonald’s spokeswoman declined to comment on Lawson’s filings with the EEOC; however, Steve Easterbrook, the company’s CEO, stated that McDonald’s is dedicated to ensuring that workers can enjoy a harassment-free and bias-free workplace.
High Profile Activists Join the Fight
Actress Padma Lakshmi and other high-profile activists joined an employee protest in Chicago. In addition, an open letter was sent to Easterbrook from Time’s Up concerning sexual misconduct and harassment in the McDonald’s workplace. The company will be faced with activist pressure from within and without at its upcoming shareholders meeting, and tensions are rising. Fight for $15, a higher wages advocacy group, is pinning its actions to the event, although the group cannot be present during the meeting, which is an investors-only gathering. In some cities where rallies were held about the company’s handling of harassment complaints, protesters were joined by Democratic presidential hopefuls.
The incidents are alleged to have taken place at franchise and corporate stores in 20 cities, with some workers contacting sexual harassment attorneys to handle their suits. The company promised more action in the future to ensure a safe, harassment-free workplace in all its locations.
An Oregon-based trucking company has agreed to settle with a group of California truck drivers for over $1.5 million as a result of a class-action wage lawsuit. Our employment attorneys in Orange County have learned that the lawsuit against Reddaway Trucking was filed by more than 1,000 commercial drivers and the company–owned by YRC Worldwide–agreed to the settlement on April 12, 2019.
If the courts approve, an average payout of $726.40–with a maximum of $1,742.40–will be awarded to each driver. An incentive award of $20,000 may also be given to each named plaintiff, and attorneys may collect up to 33 percent of the settlement, which is roughly $500,000.
Saul Montes and Mario Barrios filed the lawsuit in November, 2017, on behalf of themselves and 1,170 other individuals who drove for Reddaway. The suit was filed in the Central District of California. The lawsuit alleged that California’s state wage and hour laws were violated when drivers were not paid in a timely manner and expenses were not reimbursed. It also claimed that drivers were forced to skip meal breaks and that their itemized wage statements were not provided by the company.
If an employee works more than five hours, he or she must be given the opportunity to take a 30 minute, uninterrupted meal break according to California Labor Code Section 512, and those who work longer than ten hours must be given the option of a second meal break.
In some cases, an “on duty” meal break is permitted if the employee’s work duties are such that prevent him or her from being entirely relieved of job related tasks for that period of time. However, written consent must be obtained from the employee, and drivers involved in the lawsuit claimed that they never gave Reddaway such consent. The law allows the drivers to recover one hour of pay for all days during which a meal break was denied. Similar California laws and compensation guidelines also apply to rest breaks.
Additionally, the lawsuit alleges that Reddaway did not reimburse employees for the company-mandated, work related use of their personal cell phones. Drivers also claim that the company did not keep appropriate, itemized time records showing when they started and ended each shift, including split shift intervals, meal periods, and total daily hours worked. Reddaway is also accused of reporting total hours inaccurately and failing to show all reimbursements and deductions. California law states that each driver may be awarded up to $4,000 for the violations involving record-keeping.
Finally, some drivers who quit or had their employment terminated by the company claim they either received due wages late or not at all. According to state law, any compensation due must be paid immediately to employees who are terminated. Those who voluntarily sever their employment must receive due wages within 72 hours of their last day worked. If a 72 hour or greater advance notice is given to the company that the employee is leaving, the company must pay all wages due on that person’s last day of work.
If you believe that your employer has forced you to skip meal and rest breaks, or has failed to pay you due wages, we urge you to contact our employment law attorneys in Orange County. We often hear from employees who weren’t aware that their rights were being violated for several months – or even years. Our employment attorneys specialize in helping people recover the wages they earned, but never received. Call us today to discuss your case. (949) 629-2519