Raising Cane Night Shift Employees Owed Wages for Off-the-Clock Work, Lawsuit Alleges

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A proposed class and collective action claims Raising Cane nightshift workers are owed unpaid wages as a result of the restaurant’s SabreTooth timekeeping system clocking out the employees at 4:30 a.m. regardless of whether they’ve had to continue working.

According to the lawsuit, defendants CRM Development Company and Dropping Bird 16, LLC, the operators of 17 Raising Cane fast food locations across Kentucky and South Carolina, owe night shift employees unpaid straight-time and time-and-a-half overtime wages for hours worked off-the-clock.

The plaintiff, who worked at the defendants’ Bowling Green, Kentucky location between December 2019 and November 2020, says he and other night shift employees were responsible for handling crewmember and customer situations, monitoring cleanliness and maintenance, and cleaning the restaurant. Per the lawsuit, the plaintiff and similarly situated employees typically worked at least 40 on-the-clock hours each week but regularly worked three to five additional hours off the clock.

The defendants’ alleged labor law violations stem from their use of the SabreTooth timekeeping system, which the lawsuit says shuts down at 4:30 a.m. every morning and automatically clocks out all workers. Despite knowing of the SabreTooth system’s daily shutdown time, the defendants still scheduled night shift employees to work past 4:30 in the morning without informing them that they will be automatically clocked out, the suit alleges. Per the case, workers are regularly scheduled to work from 3:00 p.m. to either 7:00 a.m. or 9:00 a.m. the next day yet are not compensated for time worked past 4:30 a.m.

The plaintiff says he discussed the issue with his manager after he discovered his shorted hours and was told by the manager that he knew of SabreTooth’s shutdown feature and that the timekeeping system “was not designed for employees to be on the clock all night.”

The case claims the defendants’ corporate policies have caused workers to be owed unpaid straight-time and overtime wages in accordance with state and federal law.

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