Rosemead, California McDonald’s franchise employee files class action case for wage, child labor law violations

November 1, 2021

Ashley Lopez, a former Shift Manager at a McDonald’s restaurant franchise run by M. Pernecky Management Corp. in Rosemead, CA, is pursuing claims for unpaid wages, missed breaks, and other labor violations suffered by her during her time as an employee. The case, filed in Los Angeles Superior Court, is entitled Lopez v. M. Pernecky Management Corp., et al, case number 21STCV31848.

In the lawsuit, Plaintiff Ashley Lopez states that she began to suffer these conditions after her promotion to Shift Manager at age 16. Lopez alleges that following this promotion, M. Pernecky management routinely disregarded California state labor laws that limited the number of hours she, a minor, could work. Lopez claims that management routinely demanded she miss school or stay late on school nights in order to complete illegally-long shifts.

Lopez further alleges that this culture of disregard for state labor law pervaded the workplace. Lopez further claims that M. Pernecky management failed to provide her and other aggrieved employees with required breaks, overloading employee schedules and failing to allot enough time for employees to take work-free break periods.

In addition, Lopez claims that M. Pernecky management willfully failed to pay overtime premiums for all of the hours worked by employees. Lopez claims that she and other employees would regularly be required to clock out at the eighth-hour mark, yet were forced and expected to continue working for approximately an additional hour. Lopez alleges that she and other employees would then be allowed to leave an hour early on their next shift, an illegal practice intended to avoid the payout of overtime pay.

Lopez additionally alleges that M. Pernecky failed to pay out all due and owing compensation for missed wages either at the time of discharge, or within seventy-two (72) hours of their leaving M. Pernecky’s employ, in violation of California law. Lopez additionally alleges that M. Pernecky management knowingly and intentionally provided Lopez and other employees with incomplete and inaccurate wage statements, which failed to include gross wages earned, total hours worked, net wages earned, and all applicable hourly rates in effect during the pay period, including overtime rates of pay, and the corresponding number of hours worked at each hourly rate.

Lopez is represented by attorney Kyle Todd, of Kyle Todd, P.C. Requests