California Plaintiffs and Five Guys Fifth Agreement Nears Settlement

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In recent news, California plaintiffs and Five Guys are near a settlement (based on their fifth agreement).

The Case: Jeremy R. Lusk v. Five Guys Enterprises, Inc.

The Court: U.S. District Court for the Eastern District of California Fresno Division

The Case No.: 1:17-cv-00762-JLT-EPG

The Plaintiff: Jeremy R. Lusk v. Five Guys Enterprises, Inc.

The plaintiff in the case, Jeremy R. Lusk, was an hourly, non-exempt manager in training at one of the Five Guys California locations from August to November 2016. He filed a class action lawsuit claiming the company violated labor law when they denied their workers' overtime pay and legally mandated breaks and rest periods. Preliminary approval was granted in September 2022 for a settlement based on the fifth agreement between the two parties.

The Defendant: Jeremy R. Lusk v. Five Guys Enterprises, Inc.

The defendant in the case, Five Guys Enterprises, Inc., is faced with a number of allegations.

  • Failed to provide paid meal breaks and rest breaks for workers because it was too busy.

  • Failed to pay workers legally mandated overtime pay.

  • Required workers to work off the clock (requiring workers to clock out and then continue to complete required work duties like counting money in the cash register, etc.)

  • Failing to reimburse employees for the use of personal cars in the course of completing their job duties (like traveling to and from other restaurant locations for pick-ups, supply runs, etc.)

  • Failed to pay workers for overtime work.

  • Failed to provide workers with accurate wage statements.

  • Obtained authorization to conduct background checks using a disclosure form that did not comply with the law (FCRA (Fair Credit Reporting Act), CCRAA (California Consumer Credit Reporting Agencies Act), and ICRAA (Investigating Consumer Reporting Agency Act).

The Case: Jeremy R. Lusk v. Five Guys Enterprises, Inc.

The case, Jeremy R. Lusk v. Five Guys Enterprises, Inc., reached a fifth proposed settlement of $1.2 million that would involve 2,206 class members. The two parties await final approval of the settlement.

If you have questions about how to file a California overtime class action lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.