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Chipotle denies allegations stemming from NYC labor lawsuit

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September 11, 2019

Chipotle Mexican Grill is denying it has trampled worker rights, an allegation made in a New York City lawsuit filed Monday.

The lawsuit, filed by New York City Mayor Bill de Blasio's administration, accuses Chipotle of violating nearly every aspect of the city's Fair Workweek Law, which requires employers to provide predictable schedules to fast food and retail workers. The administration is seeking $1 million in restitution for workers at five Brooklyn restaurants along with civil penalties.

"With respect to the Fair Workweek Law, Chipotle has been working cooperatively with the city to ensure we have systems and processes in place to comply with the law, so we believe the filing of charges was unnecessary," Laurie Schalow, Chipotle's chief reputation officer, said in an email to FastCasual. "Regardless, we will continue to cooperate with the city and we are addressing any prior noncompliance concerns. Chipotle's engaged and hard-working employees are what makes us great, and we encourage our employees to contact us immediately with any concerns so we can respond quickly to make things right.

The lawsuit also alleges the chain didn't consistently provide schedules two weeks in advance as required. Additionally, the complaint states Chipotle did not get permission and pay the mandated $10 to $100 premiums for last-minute changes or for "clopenings," where an individual works two shifts without at least an 11 hour break.

Workers said managers required them to sign — and even forged their signatures — in a schedule change book without explaining why, according to the suit, which also stated that this book inaccurately noted that schedule changes were initiated by the worker.

"This case exemplifies the abusive practices that this law is intended to end, and Chipotle must come into compliance," said Lorelei Salas, the city's department of consumer and worker protection commissioner, in a statement. "I encourage all fast food workers to come forward if their right to a predictable schedule or new shift is being violated."

The complaint said the chain did not offer current employees extra hours before hiring new workers and disregarded sick-leave law.

Chipotle, however, said its employees know it is committed to creating a safe and engaging work environment.

"They also know that Chipotle is committed to complying with all laws, rules and regulations pertinent to our business," Schalow said in the email. "That's why Chipotle gives workers industry-leading benefits such as tuition reimbursement up to $5,250 per year, competitive health benefits and quarterly bonuses for all employees, including hourly crew members, up to a month's worth of pay per year."