McDonald's wins summary judgment in California suitable seating PAGA action

Client(s) McDonald's Corporation

Jones Day won summary judgment for McDonald's Corporation in the representative action under the California Labor Code Private Attorneys General Act (“PAGA”). The heavily litigated “suitable seating” action was brought on behalf of all of McDonald’s non-exempt employees who worked in the Drive-Thru cash booths at any of the 78 California corporate-owned McDonald’s restaurants. Plaintiff alleged that McDonald’s failed to provide “suitable seating” to its crew members during Drive-Thru transactions, as well as in between “active” duties in the Drive-Thru cash booth. Judge Lia Martin of the Los Angeles Superior Court found that (i) the “nature of the work” in McDonald’s California Drive-Thru cash booths does not reasonably permit the use of a seat, (ii) there is no “suitable” seat for the Drive-Thru cash booths, and (iii) the plaintiff’s claim that a seat should’ve been provided during “inactive” work periods was procedurally barred due to his failure to exhaust administrative remedies, as required by PAGA.

Roosevelt Luckett v McDonald's Corporation, et al., 20SSTCV05066 (Cal. Super.)