NEW YORK (1010 WINS) — A Brooklyn McDonald’s franchise owner was ordered to pay $1 million in restitution to 511 employees after a second investigation by the NYC Department of Consumer and Worker Protection found he violated multiple workplace laws.
“We will not tolerate anyone looking to take advantage of workers,” Mayor Eric Adams said. “This settlement not only offers relief for employees whose rights were violated, but also sends a clear message that if you flout the City’s worker protection laws, we will hold you accountable. I'm lovin’ protecting workers’ rights.”
George Michell operates multiple McDonald’s locations in Brooklyn under his “Michell McDonald’s Group” company. In 2019, DCWP settled a case with Michell for violating several worker protection laws at a McDonald's location on Atlantic Avenue and Vanderbilt Avenue he owns.
Michell was ordered to pay $34,865 in restitution to 92 workers and $3,635 in civil penalties but DCWP continued to receive complaints about the location still not complying with the Fair Workweek Law, so the agency opened a second investigation into Michell’s seven Brooklyn franchise locations.
“Fast food workers deserve to have our fair scheduling rights, that we organized with the union to win, respected,” said Tommy Nicolas, worker at a Michell McDonald’s franchise location. “Unpredictable schedules on short notice hurts not only us, but our families who depend on us. Michell McDonald’s Group and other companies may try to get away with breaking the law, but we fast food workers won’t give up on standing together, educating ourselves on our rights and speaking up. I’m thankful to my co-workers and the City for taking a stand against corporations who break the law.”
The agency found that over the course of a nearly two years, from Feb. 2019 to Dec. 2020, Michell violated the Fair Workweek Law by not paying a schedule change premium pay, failing to get employee’s consent to work additional hours, not providing current employees with access to hours before hiring new employees, requiring employees to work “clopening” shifts without their written request or consent and then not paying them the required $100 premium for doing so. Michell also retaliated against two employees for reporting the violations.
The seven Brooklyn locations the investigation looked at were: 840 Atlantic Avenue, 968 Fourth Avenue, 3525 Fort Hamilton Parkway, 1656 Utica Avenue, 880 Coney Island Avenue, 1275 Fulton Street and 5121 Fifth Avenue.
The $1 million payout includes $23,500 in restitution to two employees who were fired in retaliation and $92,338.86 in civil penalties. The McDonald’s locations will also be required to come into compliance.
1010 WINS reached out to McDonald's for comment.
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