Class Action Claims Smashburger Improperly Paid Manual Workers Semi-Monthly, Not Weekly

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A proposed class action claims Smashburger has violated a New York state law by paying manual workers every other week instead of on a weekly basis.

According to the six-page case out of New York federal court, the New York Labor Law requires that companies pay all workers engaged in manual labor on a weekly basis unless authorized by the New York State Department of Labor Commissioner to instead compensate them semi-monthly.

“On information and belief, Defendant has received no such authorization from the New York State Department of Labor Commissioner,” the complaint attests.

The lawsuit alleges defendant Icon Burger Acquisition LLC, which does business as Smashburger, employs thousands of manual workers at its New York hamburger restaurants. The plaintiff, a Hicksville, New York resident, says he worked as a store manager between June 2016 and September 2019 at Smashburger locations in Port Washington and Hicksville. Per the suit, more than 25 percent of the plaintiff’s job responsibilities were manual in nature and included tasks such as cooking, preparing and wrapping food, taking orders, bringing food to customers, receiving product shipments, taking and stocking inventory and cleaning.

The case claims the plaintiff was paid every other week, and not weekly, during “the entirety of his employment” with Smashburger.

The lawsuit looks to represent anyone who worked as a manual worker for the defendant in New York anytime within the last six years and until the date notice is sent to the class.

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