Prospect Heights McDonald's Owner To Pay $1M For Work Violations: City

PROSPECT HEIGHTS, BROOKLYN — The owner of a Prospect-Heights McDonald's must pay more than $1 million in restitution after workplace violations were found in seven fast food joints across the borough, city officials announced Monday.

George Michell, of Michell McDonald’s Group, agreed to pay $1.1 million in a settlement with the Consumer and Worker Protection department over what city officials described as repeated violations to city labor law at the Atlantic Avenue eatery, among others.

“We will not tolerate anyone looking to take advantage of workers,” said Mayor Eric Adams. In a cheeky appropriation of the burger leviathan's "desperate" slogan, he added,“I'm lovin’ protecting workers’ rights.”

Michell will pay $1 million in restitution to 511 employees — $23,500 of which will go to two workers fired for exercising their rights under the 2017 law — as well as over $92,000 in civil penalties, according to the agreement.

The settlement stems from the city's Fair Workweek Law, signed in 2017 by former mayor Bill de Blasio, and expanded in 2021 to include "just cause" protections regarding terminating fast food workers.

Michell was accused of violations — dated between February 2019 and December 2020 — that included failing to pay premiums when changing work schedules, failing to obtain employee consent to work extra hours, requiring workers to work extra shifts without consent and retaliating against two workers who demanded their rights under the law, officials said.

Michell other McDonald's locations affected in the settlement are listed below:

• 840 Atlantic Ave., Brooklyn, NY 11238
• 968 Fourth Ave., Brooklyn, NY 11232
• 3525 Fort Hamilton Parkway, Brooklyn, NY 11218
• 1656 Utica Ave., Brooklyn, NY 11234
• 880 Coney Island Ave., Brooklyn, NY 11218
• 1275 Fulton St., Brooklyn, NY 11216
• 5121 Fifth Ave., Brooklyn, NY 11220

The settlement also includes a pledge from Michell to obey the law, which protects fast food workers against unfair pay, unpredictable work schedules and forced shifts, officials said.

“Fast food workers deserve to have our fair scheduling rights, that we organized with the union to win, respected,” said Tommy Nicolas, a worker at a Michell McDonald’s.

“Unpredictable schedules on short notice hurts not only us, but our families who depend on us," Nicolas added. "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."

This is the second time Michell was investigated by the department, officials noted.

In 2019, Michell paid $34,865 in restitution to 92 workers and $3,635 in civil penalties for violating the same law at the same Prospect Heights McDonald's, a press release notes.

The 2019 settlement spurred an investigation of Michell's seven Brooklyn McDonald's after workers continued to accuse him of violating the law, said Consumer and Worker Protection Commissioner Vilda Vera Mayuga.

“Today, we are sending a clear message to any employer who fails to come into compliance,” the commissioner said.

“We will not allow employers to repeatedly defy the City’s laws. Fast food workers deserve fair treatment in their workplaces, and we will ensure that they receive justice and restitution."

Recently, the city settled with Chipotle for $20 million for similar Fair Workweek violations and city Council members are currently looking at expanding the law's enforcement powers against repeat violators.

Union leader Kyle Bragg commended the Brooklyn McDonald's workers who stood up and demanded their rights under the law.

“It is courageous to stand up to your boss, to unite with your co-workers and call out your employer for mistreating you and breaking the law,” said the 32BJ SEIU president.

“These brave McDonald’s franchise workers did that at great risk."