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Taco Bell underpaid California workers, jury findsTaco Bell underpaid California workers, jury finds

Class action lawsuit alleged that the chain underpaid workers who skipped meal breaks

Bret Thorn, Senior Food Editor

March 11, 2016

2 Min Read
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A federal jury in California found in favor of plaintiffs in a class action lawsuit charging that Taco Bell underpaid its workers who skipped their meal breaks, in violation of California law, and awarded the class of around 134,000 workers a total of $495,913, according to a report in Law360.

However the jury did not find against Taco Bell with regard to other allegations, which, according to the lawsuit, included unpaid overtime, unpaid minimum wages, unreimbursed business expenses, vested accrued vacation wages and other claims.

The jury found that the class of workers, led by former crew member Lisa Hardiman and former shift manager Sandrika Medlock, were only paid 30 minutes worth of wages when they skipped their 30-minute meal breaks instead of the hour’s worth of wages required by California law.

The lawsuit dates back to 2007 and was consolidated with other cases in 2009. The trial started on Feb. 22, 2016.

The plaintiffs also claimed that from 2003 to 2013, Taco Bell failed to provide meal breaks to employees before their fifth hour of work during shifts of longer than six hours, and that they only gave employees one 10-minute break for shifts lasting up to seven hours, instead of two breaks.

Both of those policies violate California law, according to Law360, and the jury found that Taco Bell did have those policies in place, according to the Yum! Brands Inc. subsidiary’s own employee handbook. 

However, it found that the evidence wasn’t sufficient to find in favor of the plaintiffs that employees who worked shifts longer than six hours actually weren’t given meals by the end of their fifth hour, or that employees who worked between six hours and seven hours weren’t given a second break.

The plaintiff’s lawyers and Taco Bell did not respond to requests for comment by press time.

Contact Bret Thorn at [email protected].
Follow him on Twitter: @foodwriterdiary

About the Author

Bret Thorn

Senior Food Editor, Nation's Restaurant News

Senior Food & Beverage Editor

Bret Thorn is senior food & beverage editor for Nation’s Restaurant News and Restaurant Hospitality for Informa’s Restaurants and Food Group, with responsibility for spotting and reporting on food and beverage trends across the country for both publications as well as guiding overall F&B coverage. 

He is the host of a podcast, In the Kitchen with Bret Thorn, which features interviews with chefs, food & beverage authorities and other experts in foodservice operations.

From 2005 to 2008 he also wrote the Kitchen Dish column for The New York Sun, covering restaurant openings and chefs’ career moves in New York City.

He joined Nation’s Restaurant News in 1999 after spending about five years in Thailand, where he wrote articles about business, banking and finance as well as restaurant reviews and food columns for Manager magazine and Asia Times newspaper. He joined Restaurant Hospitality’s staff in 2016 while retaining his position at NRN. 

A magna cum laude graduate of Tufts University in Medford, Mass., with a bachelor’s degree in history, and a member of Phi Beta Kappa, Thorn also studied traditional French cooking at Le Cordon Bleu Ecole de Cuisine in Paris. He spent his junior year of college in China, studying Chinese language, history and culture for a semester each at Nanjing University and Beijing University. While in Beijing, he also worked for ABC News during the protests and ultimate crackdown in and around Tiananmen Square in 1989.

Thorn’s monthly column in Nation’s Restaurant News won the 2006 Jesse H. Neal National Business Journalism Award for best staff-written editorial or opinion column.

He served as president of the International Foodservice Editorial Council, or IFEC, in 2005.

Thorn wrote the entry on comfort food in the Oxford Encyclopedia of Food and Drink in America, 2nd edition, published in 2012. He also wrote a history of plated desserts for the Oxford Companion to Sugar and Sweets, published in 2015.

He was inducted into the Disciples d’Escoffier in 2014.

A Colorado native originally from Denver, Thorn lives in Brooklyn, N.Y.

Bret Thorn’s areas of expertise include food and beverage trends in restaurants, French cuisine, the cuisines of Asia in general and Thailand in particular, restaurant operations and service trends. 

Bret Thorn’s Experience: 

Nation’s Restaurant News, food & beverage editor, 1999-Present
New York Sun, columnist, 2005-2008 
Asia Times, sub editor, 1995-1997
Manager magazine, senior editor and restaurant critic, 1992-1997
ABC News, runner, May-July, 1989

Education:
Tufts University, BA in history, 1990
Peking University, studied Chinese language, spring, 1989
Nanjing University, studied Chinese language and culture, fall, 1988 
Le Cordon Bleu Ecole de Cuisine, Cértificat Elémentaire, 1986

Email: [email protected]

Social Media:
LinkedIn: https://www.linkedin.com/in/bret-thorn-468b663/
Facebook: https://www.facebook.com/bret.thorn.52
Twitter: @foodwriterdiary
Instagram: @foodwriterdiary

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