McDonalds Rest Break Class Action Scam or Legit? Honest Review

McDonalds Rest Break Class Action Scam or Legit? Honest Review

McDonald’s is one of the most popular fast food chains in the world, serving millions of customers every day. But behind the golden arches, there is a dark side to the company’s operations. According to a recent class action lawsuit, McDonald’s has been systematically failing to provide its employees with paid 10-minute rest breaks, as required by the law.

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McDonalds Rest Break Class Action Scam or Legit?

The McDonald’s Breaks Class Action, filed by Shine Lawyers and supported by the Retail and Fast Food Workers Union (RAFFWU), alleges that McDonald’s and its franchisees have breached the McDonald’s Australia Enterprise Agreement 2013 (EBA) and the Fast Food Industry Award 2010 (Award) by denying its workers their entitled rest breaks. The class action covers current and former McDonald’s workers who have worked shifts of four hours or more between 7 December 2015 and 27 May 2022 in corporate stores, and between 28 May 2016 and 27 May 2022 in franchised stores.

The class action follows a landmark judgment delivered by the Federal Court in August 2020, in which a McDonald’s franchisee was found to have misrepresented and violated the rest break entitlements of a former employee, Chiara Staines. The court ruled that McDonald’s workers are entitled to a paid 10-minute break for shifts lasting between four and nine hours, and two paid 10-minute breaks for shifts longer than nine hours. The court also clarified that McDonald’s workers are allowed to drink water or use the toilet outside of their scheduled breaks.

In this blog post, we will examine the details of the McDonald’s Breaks Class Action, the potential impact on the workers and the company, and the pros and cons of joining the class action. We will also provide a summary and answer some frequently asked questions at the end.

What is the McDonald’s Breaks Class Action about?

The McDonald’s Breaks Class Action is a legal action that seeks to hold McDonald’s accountable for its alleged failure to provide its workers with paid 10-minute rest breaks, as mandated by the EBA and the Award. The class action claims that McDonald’s operated a system of work that prevented its workers from taking their entitled breaks, and that this conduct affected the physical and mental well-being of the workers.

The class action is open to current and former McDonald’s workers who have worked shifts of four hours or more in a McDonald’s corporate or franchised store within the relevant time periods. The class action is funded by Court House Capital, a litigation funding firm, and is led by Shine Lawyers, a law firm that specializes in class actions. The class action is also supported by RAFFWU, a union that represents retail and fast food workers.

The class action is based on the precedent set by the case of Retail and Fast Food Workers’ Union Incorporated v Tantex Holdings Pty Ltd, in which the Federal Court found that a McDonald’s franchisee had breached the EBA and the Award by not providing Chiara Staines, a former McDonald’s worker, with paid 10-minute rest breaks for shifts of four or more hours. The court also found that the franchisee had misrepresented the nature of the breaks Staines was entitled to, by telling her that she was only entitled to a break when working shifts of more than four hours.

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The class action aims to recover compensation for the workers who were not given their entitled rest breaks, as well as interest and legal costs. The class action also seeks to obtain declarations that McDonald’s and its franchisees have breached the EBA and the Award, and injunctions to prevent them from continuing to do so.

What are the potential impacts of the McDonald’s Breaks Class Action?

The McDonald’s Breaks Class Action could have significant impacts on both the workers and the company involved. For the workers, the class action could provide them with a sense of justice and recognition for their rights, as well as monetary compensation for the unpaid breaks they missed. The class action could also improve the working conditions and morale of the current and future McDonald’s workers, by ensuring that they are given their entitled rest breaks, and that they are not subjected to undue pressure or intimidation by their managers or supervisors.

For the company, the class action could pose a serious threat to its reputation and profitability. The class action could expose the widespread and systemic nature of McDonald’s alleged breach of the EBA and the Award, and the extent to which it has exploited its workers. The class action could also result in a substantial financial liability for McDonald’s, as it could be ordered to pay millions of dollars in compensation, interest, and legal costs to the workers. The class action could also damage the trust and loyalty of McDonald’s customers, who may be deterred from patronizing the company if they learn about its alleged mistreatment of its workers.

What are the pros and cons of joining the McDonald’s Breaks Class Action?

If you are a current or former McDonald’s worker who has worked shifts of four hours or more in a McDonald’s corporate or franchised store within the relevant time periods, you may be eligible to join the McDonald’s Breaks Class Action. Joining the class action means that you are agreeing to be represented by Shine Lawyers and Court House Capital, and that you are bound by the outcome of the class action, whether it is favourable or unfavourable to you.

There are some pros and cons of joining the class action that you should consider before making your decision. Here are some of them:

Pros

  • You do not have to pay any upfront fees or costs to join the class action. The class action is funded by Court House Capital, which means that they will cover the legal fees and costs of the class action, and will only receive a percentage of the compensation if the class action is successful.
  • You do not have to take any active steps or provide any evidence to join the class action. You only need to register your details with Shine Lawyers, and they will handle the rest of the process for you.
  • You do not have to worry about the time limit or the risk of losing your individual claim. By joining the class action, you are effectively suspending the time limit for bringing your individual claim, and you are also transferring the risk of losing your claim to Court House Capital.
  • You may receive a higher amount of compensation than if you pursued your individual claim. By joining the class action, you may benefit from the economies of scale and the bargaining power of the group, which could result in a higher settlement or judgment amount than if you sued McDonald’s on your own.
  • You may contribute to a positive social change and a better working environment for yourself and other McDonald’s workers. By joining the class action, you may help to hold McDonald’s accountable for its alleged breach of the EBA and the Award, and to prevent it from continuing to do so. You may also help to raise awareness and support for the rights and welfare of McDonald’s workers, and to improve the standards and practices of the fast food industry.
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Cons

  • You may receive a lower amount of compensation than if you pursued your individual claim. By joining the class action, you may have to share the compensation with other group members, and you may also have to pay a percentage of the compensation to Court House Capital as their funding fee. You may also have less control over the outcome of the class action, as you may not be able to opt out or negotiate your own settlement once the class action is underway.
  • You may face some challenges or difficulties in joining the class action. For example, you may have trouble remembering or proving the details of your shifts and breaks, especially if they occurred a long time ago. You may also face some pressure or retaliation from McDonald’s or its franchisees, who may try to discourage or prevent you from joining the class action. You may also experience some stress or anxiety from being involved in a legal dispute, especially if it drags on for a long time or receives a lot of media attention.
  • You may not agree with the decisions or actions of Shine Lawyers or Court House Capital. By joining the class action, you are entrusting your claim to Shine Lawyers and Court House Capital, who will act on your behalf and in your best interests. However, you may not always agree with their decisions or actions, such as how they conduct the class action, how they communicate with you, or how they settle or resolve the class action. You may also have limited or no input or influence over these decisions or actions, as they are made by Shine Lawyers and Court House Capital in consultation with the lead plaintiff and the court.

Summary and FAQs

The McDonald’s Breaks Class Action is a legal action that seeks to hold McDonald’s accountable for its alleged failure to provide its workers with paid 10-minute rest breaks, as required by the EBA and the Award. The class action covers current and former McDonald’s workers who have worked shifts of four hours or more in a McDonald’s corporate or franchised store within the relevant time periods. The class action is funded by Court House Capital and led by Shine Lawyers, with the support of RAFFWU.

The class action could have significant impacts on both the workers and the company involved. For the workers, the class action could provide them with a sense of justice and recognition for their rights, as well as monetary compensation for the unpaid breaks they missed. For the company, the class action could pose a serious threat to its reputation and profitability, as it could expose the widespread and systemic nature of its alleged breach of the EBA and the Award, and the extent to which it has exploited its workers.

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Joining the class action has some pros and cons that should be considered before making a decision. Some of the pros are that you do not have to pay any upfront fees or costs, you do not have to take any active steps or provide any evidence, you do not have

FAQs about McDonald's Breaks Class Action

Some frequently asked questions about the McDonald’s Breaks Class Action are:

  • How do I register for the class action? You can register for the class action by filling out an online form on the Shine Lawyers website. You will need to provide some basic information, such as your name, contact details, employment history, and shifts and breaks details. You can also call 1800 325 172 or email mcdonaldsclassaction@shine.com.au for more information.
  • What are the benefits and risks of joining the class action? By joining the class action, you may be eligible to receive compensation for the unpaid breaks you missed, as well as interest and legal costs. You may also contribute to a positive social change and a better working environment for yourself and other McDonald’s workers. However, by joining the class action, you may also face some challenges or difficulties, such as proving your shifts and breaks details, dealing with pressure or retaliation from McDonald’s or its franchisees, or disagreeing with the decisions or actions of Shine Lawyers or Court House Capital.
  • How much will it cost me to join the class action? It will not cost you anything to join the class action. The class action is funded by Court House Capital, which means that they will cover the legal fees and costs of the class action, and will only receive a percentage of the compensation if the class action is successful. You will not have to pay anything upfront or out of pocket.
  • How long will the class action take? It is hard to predict how long the class action will take, as it depends on many factors, such as the number of group members, the complexity of the issues, the cooperation of McDonald’s and its franchisees, and the availability of the court. However, class actions usually take several years to resolve, either by settlement or by trial.
  • Can I opt out of the class action? Yes, you can opt out of the class action if you do not want to be part of it. However, you must do so by 4:00pm (AEDT) on 25 February 2022, otherwise you will be bound by the outcome of the class action. To opt out, you must complete and send an opt out notice to the Federal Court of Australia. You can find the opt out notice and instructions on how to complete and send it on the Shine Lawyers website1. If you opt out, you will not be eligible to receive any compensation from the class action, but you will be free to pursue your own individual claim against McDonald’s or its franchisees.
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