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McD’s sued over overtime pay for asst. managers

PHILADELPHIA Two former McDonald’s assistant managers have sued the company for allegedly violating federal labor laws by treating them as being exempt from overtime-pay requirements, according to their attorneys.

The attorneys indicated that they are seeking to have the lawsuit certified as a class action on behalf of all assistant managers who have worked and undergone training at company-operated McDonald's units since July 18, 2005.

McDonald's said in a statement issued to Nation's Restaurant News that it did not violate any laws and that the suit is without merit.

The suit claims that McDonald's violated the Fair Labor Standards Act by forcing assistant manager trainees at the company's more than 2,000 corporate locations to work more than 40 hours each week without being paid for overtime. Management employees are typically exempted from overtime requirements by federal regulations.

The complaint alleges that the two plaintiffs, Alissa Justison and Joseph Capitani Jr., were forced to spend most of their time during training doing the work of hourly employees rather than of managers, with their duties including cooking, serving and cleaning. During that time, the suit claims, Justison, Capitani and "other assistant managers" did not possess any management authority or discretion, and, consequently, were entitled to overtime pay for working more than 40 hours per week.

"We take these matters very seriously. We would caution anyone from jumping to conclusions without having all the facts," McDonald's said in its statement. "We are confident once facts are presented, we will prove these claims are without merit."

The company declined further comment because the matter is pending.

The case, which was filed in the U.S. District Court for the District of Delaware, is being prosecuted by a consortium of law firms. They are Berger & Montague PC in Philadelphia; Schneider Wallace Cottrell Brayton Konecky LLP in San Francisco; and Martin & Wilson PA in Wilmington, Del.

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