On March 26, 2024, Fitapelli & Schaffer filed a class action lawsuit against a Taco Bell franchise in NYC, MHF Ralph LLC and related entities (“Taco Bell”). The lawsuit claims that Taco Bell violated the New York Labor Law (“NYLL”) and New York City’s Fair Workweek Law by failing to compensate hourly employees properly. The lawsuit alleges that Taco Bell failed to pay employees for “spread of hours” shifts, did not provide extra pay for “clopening” shifts, and failed to compensate workers for last-minute schedule changes. Additionally, Taco Bell required employees to maintain uniforms without providing the legally required uniform maintenance pay.
Under NYLL, employers must compensate employees for workdays that extend beyond 10 hours with an additional hour of pay at minimum wage, known as “spread of hour” pay. The NYC Fair Workweek Law protects fast food and retail employees by requiring employers to give advance notice of schedules and provide additional pay when shifts are changed on short notice. “Clopening” shifts, where employees work a late-night closing shift and return early the next morning, require additional compensation to ensure fair working conditions. Furthermore, employers who require uniforms must either provide uniform maintenance pay or offer laundering services at no cost to employees. The lawsuit alleges that Taco Bell MHF failed to comply with these legal requirements, depriving workers of earnings they were lawfully entitled to receive.
Affected workers include all current and former hourly employees who worked for Taco Bell in New York since approximately 2018, particularly fast food employees and those in similar hourly positions.
The lawsuit seeks to recover damages for unpaid wages, penalties for schedule violations, and other compensation for the Taco Bell employees.
If you worked for Taco Bell or a similar employer in the fast food or hospitality industry, ensure you are receiving proper wages and schedule protections as required by law. Unfortunately, violations like these are common in the industry. You can reach our firm, Fitapelli & Schaffer, LLP, for a free and confidential consultation at (212) 300-0375 or visit our website for more information about your workplace rights.