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Home » Blog » State Fines California McDonald’s Franchisee for Retaliation

State Fines California McDonald’s Franchisee for Retaliation

Posted on February 23, 2021 | By Omid Nosrati | Firm News,Retaliation,Wage & Hour Laws,Workers Compensation

Between April and August of last year, workers at a McDonald’s franchise in the Boyle Heights neighborhood of Los Angeles made verbal complaints to their managers about the restaurant’s safety and health conditions. Then, in June and July, they joined in strikes meant to protest the lack of precautions the company had been taking to combat COVID-19. Their complaints ranged from inadequate social distancing in the kitchen and not providing disposal gloves to refusing to require customers to wear masks. Some of the workers also filed complaints with California’s Division of Occupational Safety and Health, as well as the LA County Department of Public Health.

In September, four of the employees were fired under the guise of “job abandonment.” However, the state regulator has said that strike notices had been delivered to the franchisee, R&B Sanchez, stating that the employees intended to return to work and that the workers did request to return. In California, it is illegal to fire an employee for exercising their labor rights, so the case quickly became an issue of workers being fired in retaliation for their complaints.

The California Labor Commissioner Steps In

In a victory for the workers who lost their jobs due to taking a stand for safe working conditions, the California Labor Commissioner has cited the franchisee for labor law violations and workplace retaliation and fined them $125,913. This is a crucial win for workers across the state, as many are afraid they will face retaliatory measures if they stand up and report problems in the workplace.

The citations name franchisees Beverly and Robert Sanchez, as well as the franchisee’s human resources officer, Brian Sanchez, as jointly and severally liable for the hefty wages and penalties owed. The breakdown of the fees are as follows:

  • $40,000 in Section 1102.5 retaliation penalties
  • $40,000 in Section 98.6 retaliation penalties
  • $45,193 in lost wages
  • $720 interest due

Conditions also state that the franchisee, R&B Sanchez, must reinstate the four employees to their job positions, post information about the violations and citations in the workplace, and remove all negative references to the employees from their personnel files.

What Does the Labor Commissioner’s Office Do?

There are over forty-five labor laws, including Equal Pay Act violations, that the Labor Commissioner’s Office enforces to prohibit retaliation and discrimination in the workplace. The retaliation complaints that the office investigates include many of the following instances.

  • Unfair immigration-related practices
  • Disciplinary threats or actions against workers
  • Reduction in employee hours or pay
  • Demoting or transferring employees
  • Suspending workers from their jobs
  • Termination of Employees

How to Proceed if You Face Retaliation

If you feel that you have been treated unfairly or retaliated against for complaining about conditions in your workplace, it is essential that you stand up for your rights. The trusted workplace retaliation attorneys at Nosratilaw, A Professional Law Corporation know how to handle employers who take illegal action against workers when they voice concerns about unsafe conditions in the workplace. Reach out to us today to schedule a consultation, and remember that you will not owe any legal fees if we do not recover compensation for you.

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About the Author
Omid Nosrati

Mr. Nosrati been selected as one of the Top 100 Labor and Employment lawyers in the State of California for 2016, 2017, and 2018 by The American Society of Legal Advocates (ASLA). He has a “Superb” (10 out of 10) rating on Avvo and a 4.9 out of 5.0 Peer Rating from other lawyers on Martindale Hubbell. Omid Nosrati is also a member of the respected California Employment Lawyers Association, Los Angeles County Bar Association, and Santa Monica Bar Association. He is a firm believer in education, loves to read about technology trends in the legal field and leverages his firm’s technological strengths to benefit each of his firm’s clients.