Wendy’s Employees File Overtime and Scheduling Lawsuit

A former Wendy’s employee has filed a class action lawsuit against NY Bacon LLC, which operates several Wendy’s franchises in New York City. The lawsuit claims that NY Bacon LLC violated the New York City Fair Workweek Law by not providing predictable work schedules, adequate notice of schedule changes, and other required protections for fast food workers. Specific issues include not giving a written estimate of work schedules, changing schedules without proper notice or consent, not offering new shifts to current employees before hiring new ones, and firing employees without just cause or a written explanation.

The complaint highlights several instances where employees faced last-minute schedule changes without receiving the required extra pay. It also claims that NY Bacon LLC did not keep proper records of work schedules and failed to inform current employees about available shifts before hiring new staff. These actions allegedly deprived employees of a predictable work schedule and other benefits required by the Fair Workweek Law.

The former employee is seeking class certification for all affected fast-food workers employed by NY Bacon LLC since February 2021. The lawsuit, filed by Armando Ortiz at Fitapelli & Schaffer, aims to recover unpaid extra pay for schedule changes, compensatory damages, back pay, and other relief to make the employees whole. If you worked for this Wendy’s franchise since February 2021, contact our law firm today for a free consultation.

See Complaint here