Five Guys Settles Class-Action Lawsuit Over Unpaid Wages and Breaks in California

[California] Five Guys, the gourmet burger chain, may finally be settling a class-action lawsuit that has been ongoing for nearly five years. 

The lawsuit, brought by a former “manager-in-training” and a class of 2,206 employees, alleged that workers at Five Guys locations in California were not provided with meal and rest breaks as required by state law. The suit also claims that workers were made to work off the clock and not paid minimum wage or overtime for this.

A settlement was initially reached in October 2018, but it was subsequently rejected by judges who said it was too low to cover the restitution required by the aggrieved workers. The law firm involved in the case was also set to be paid nearly 40% of the total funds secured, leading to further objections.

Now, a new agreement has been reached totaling $1.2 million. If accepted, each claimant could receive up to $900, depending on the final fee given to the prosecuting lawyers. This marks the fifth agreement between the plaintiff and Five Guys, and it is hoped that judges will finally accept its adequacy.

The Five Guys class action lawsuit is just one of many recent lawsuits in California regarding unpaid wages and breaks. Workers in California are entitled to an uninterrupted 30-minute unpaid meal break when working more than five hours in a day, an additional 30-minute unpaid meal break when working more than 12 hours in a day, and a paid 10-minute rest period for every four hours worked.

If you believe your rights as an employee have been violated, contact Labor Law Advocates for assistance in seeking justice.

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