Trio sues McDonald's for failure to pay minimum wage, overtime pay

CHARLESTON – Three former employees are suing McDonald's after they claim it violated the Fair Labor Standards Act for failing to pay minimum wage to employees.

Richard Estes, Gary M. Martin Sr. and Jeremy Thompson were employed at McDonald's, according to a complaint filed Feb. 24 in the United States District Court for the Southern District of West Virginia.

Estes was employed from Aug. 1, 2006, until Nov. 1, 2008; Martin was employed from Dec. 1, 2008, until March 18, 2010; and Thompson was employed from June 1, 2009, until Dec. 14, 2009, according to the suit.

The former employees claim McDonald's knew or should have known that its employees were illegally not paid minimum wage. They also claim they frequently worked more than 40 hours per week, but were never paid wages for hours actually worked in excess of 40 hours per week.

The defendant made several wage and hour violations, including telling the manager that employees were not to be paid for more than a set number of hours each week; for taking employees "off the clock," when that set number of hours were met; requiring employees to work off the clock for up to or more than 40 hours per week; and requiring employees to work off the clock and not paying overtime, according to the suit.

The former employees claim McDonald's violated the West Virginia Wage Payment and Collection Act by failing to pay them wages due within 72 hours of terminating their employment.

Estes, Martin and Thompson are seeking judgment for an amount equal to loss of all wages with interest and liquidated damages. They are being represented by J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III and G. Patrick Jacobs.

U.S. District Court case number: 2:11-cv-00122