There are many times when employees may be asked to work before or after their scheduled shifts. California workers are typically under the assumption that they will be clocking in and paid for their extra hours. That was apparently not the case for a former employee of Chipotle who claims that he was required to work additional hours, but not allowed to punch in for proper payment.
In his lawsuit, the plaintiff claims that Chipotle held meetings, trainings and other activities after hours. The workers were required to be show up, but they were not permitted to clock their hours. The plaintiff asserts he was asked to clock out at the end of his regular shift but continue working to clean the store or attend meetings without pay.
The suit also asserts that managers were persuaded to illegally handle employee hours. Any work that was done past 12:30 a.m. was apparently supposed to be done off the clock. Managers who met or exceeded their payroll budgets were allegedly rewarded or punished accordingly. When the plaintiff complained to his supervisors about the issue, he was allegedly retaliated against by being scheduled for fewer hours and told he was not a team player.
According to the complaint, the plaintiff was not given payment for approximately 10 to 15 hours per week. He is requesting that he receive the income that he is owed, associated legal fees and monetary damages. It is illegal for hourly workers in California to be required to work without being paid. If an employee is forced to not clock his or her hours, the worker may file a complaint against the employer in an effort to receive the unpaid wages, as well as any other financial relief awarded by the court and according to applicable laws.
Source: consumerist.com, "Lawsuit Alleges Chipotle Required Workers To Perform Duties Without Pay", Ashlee Kieler, Oct. 16, 2014