Current, former workers filing suit against hamburger chain in San Diego

Current and former employees of Five Guys Operations, LLC filed a class action law suit against the fast food chain, claiming employees were inadequately reimbursed for overtime wages. According to Lawyers and Settlements, the plaintiffs are filing a suit against Five Guys in regards to meal break violations, as well as time and attendance infractions at a San Diego restaurant location.

The workers also allege that Five Guys violated the California Labor Code by not allowing them 30 minute meal breaks. The charges of overtime pay negligence stem from the fast food company not paying the employees one and a half times their normal pay rate for services rendered beyond the 40 hour workweek. WatchListNews reported the lawsuit began with the initial suit, Gutierrez v. Five Guys Operations, which was originally filed on November 26, 2012. With more employees coming forward to bring charges against the burger business, the case is currently pending in the San Diego Superior court.

The case demonstrated a lack of a clear cut time and attendance system at the California restaurant, bringing on the charges of meal break and overtime violations.


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