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McDonald's wins dismissal of action for unpaid wages brought under FLSA and Pennsylvania law

March 2011

Client(s) McDonald's Corporation

Jones Day successfully represented McDonald's Corporation in litigation brought in Pennsylvania state court by eight former employees of a McDonald's franchisee restaurant seeking to recover allegedly unpaid overtime wages under the Fair Labor Standards Act of 1938, the Pennsylvania Minimum Wage Act, and the Pennsylvania Wage Payment and Collection Law. McDonald's and the franchisee timely removed the action to federal court, at which time McDonald's filed a motion to dismiss Plaintiff's complaint for failure to state a claim because, among other reasons, Plaintiff alleged no theory under which McDonald's Corporation – a separate and distinct corporate entity from the franchisee that owned and operated the McDonald's restaurant at which plaintiffs worked – could be liable to plaintiffs for unpaid wages. The court granted McDonald's motion to dismiss on March 24, 2011

Tripline, et al. v. McDonald's Corp., et al., No. 1630 (Ct. Common Please Philadelphia County, Penn.) (filed Dec. 16, 2010), No. 2:11-cv-00338-CDJ (E.D. Penn.) (removed January 20, 2011)

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