Dick’s Drive-In faces class-action lawsuit over rest and meal breaks

Dick’s Drive-In, the popular hometown burger chain, faces a proposed class-action lawsuit alleging that employees were not given proper rest and meal breaks during their shifts.

The alleged break infractions incurred missed wages for employees over the last three years, the suit claims.

For the class-action lawsuit to move forward, a judge must certify that the claims would apply to numerous people and that the representatives would fairly and adequately protect their interests.

In a complaint filed Feb. 18 in King County Superior Court, lead plaintiff Madison Masterson sued the Seattle fast-food chain, claiming that some employees were not given 10-minute rest breaks for every four hours of work as well as 30-minute meal breaks for every five hours work, as required by Washington state labor laws.

In a statement released to The Seattle Times on Tuesday, Dick’s President and CEO Jasmine Donovan wrote that “we value our employees and are committed to operating with integrity and in compliance with all applicable laws.

“While we cannot comment on the specifics of the allegations at this time, we are reviewing the claims thoroughly and will respond appropriately through the legal process.”

The plaintiff’s attorney, Justice Law Corporation of California, did not immediately respond to Seattle Times requests for comment.

The suit claims employees should be paid overtime wages in the instances when those missed breaks extended employees’ workweeks beyond 40 hours. The suit also claims that some employees were not given sick-leave accrual as a result of these alleged missed breaks.

In stating the intended size of the class sought by attorneys in this suit, the plaintiff’s lawyers stated that they want all “hourly paid or nonexempt employees” to be reimbursed for wages lost, including interest, as well as attorneys’ fees.

Seattle’s Office of Labor Standards, which investigates wage issues in the city, told The Seattle Times Wednesday that it has not “investigated Dick’s Drive-in.”

“We had one worker inquiry in 2022, but the worker was unresponsive and we’ve had no inquiries since then.”

The allegations in the suit clash with the reputation and goodwill that the family-owned chain enjoys in Western Washington with 10 branches across the Puget Sound area. The company offers employees scholarships for college and vocational programs as well as health coverage.