Five Guys Workers Should Be Paid Weekly, Not Every Other Week, Class Action Says

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action claims the frequency with which Five Guys Enterprises pays employees of its burger restaurants is a violation of New York’s Labor Law. 

The six-page suit contends that because Five Guys workers are engaged in manual work, they are required, by law, to be paid on a weekly basis, and not semi-monthly. 

Although exceptions to this rule exist, Five Guys has “received no such authorization from the New York State Department of Labor Commissioner,” the lawsuit says. 

The plaintiff, a Hicksville, New York resident who worked as a store manager from 2013 through June 2016, says in the complaint that at least 25 percent of his job responsibilities involved manual labor, including cooking, preparing and wrapping food, taking orders, and bringing food to customers. The plaintiff also received store products, stocked inventory and performed cleaning duties yet was paid every other week during his employment, the case claims. 

“Defendant has violated and continues to violate this law by paying its manual workers every other week rather than on a weekly basis,” the suit reiterates.

Harbor Freight Tools USA was also hit with a putative class action on June 30 over the frequency with which it pays workers engaged in mostly manual duties.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.