New Jersey is the latest labor battleground for Chipotle – NorthJersey.com

Update: This article was updated Feb. 26 with a response from the New Jersey Department of Labor. 

Nearly a month after Chipotle Mexican Grill reached a $1.4 million settlement in Massachusetts in a widespread child labor case, two women who previously worked for the fast food chain in Fort Lee when they were teenagers have spoken out against their ex-employer.

Alyssa MacLeod and Abbie Van Lee, who together filed a lawsuit in New Jersey District Court two years ago, allege the restaurant chain violated the state’s Child Labor Laws when, as teenagers, they worked at Chipotle in Fort Lee’s Linwood Plaza. The women, now in their early 20s, returned to their former workplace on Saturday afternoon, where, alongside attorneys and supporters, they shared their stories — the latest to allege misconduct against the company.

“A lot of people get their first job in fast food restaurants so they can get an experience of what it’s really like to work, and unfortunately I had a negative experience for my first job,” said MacLeod, 21. “I don’t think that any minor should have to go through what I went through and what so many people go through.”

The women filed suit against the company in 2018, according to court records. In their suit they allege Chipotle violated child labor laws by requiring minors to work past 11 p.m. without parental consent and after clocking out of their shifts. Minors were also required to sign arbitration agreements, which would wave their rights to a trial by jury, their attorneys allege.

In a statement on Saturday, the company’s chief corporate reputation officer, Laurie Schalow, pointed to the “industry leading benefits” the company offers its workers, including tuition reimbursements and competitive benefits and bonuses.

“Chipotle is committed to creating a safe and engaging work environment and to complying with all laws, rules and regulations pertinent to our business,” Schalow said in the statement. She continued, “We encourage our employees to contact us immediately with any concerns so we can respond quickly to make things right.” 

The public outcry this weekend comes on the heels of Chipotle being slammed with hefty penalties by the Massachusetts Attorney General last month in a vast child labor case. The company agreed to pay $1.37 million in restitution and penalties for an estimated 13,253 child labor violations and other state violations in Massachusetts, the state’s Attorney General Maura Healey announced last month.

Carl Mayer, the attorney representing MacLeod and Van Lee, 22, said there are stark similarities between his clients’ case and the one settled in Massachusetts. The Massachusetts attorney general followed up on a parent’s complaint that their child, a minor, was working well past midnight at a Chipotle in Beverly, Massachusetts, officials said.

“This is not a one-off allegation,” Mayer said. “Chipotle is one of the very few fast food restaurants that is not a franchise – everything is top-down, it’s controlled from headquarters – and, because of that, we believe this is a national practice.”

In addition to working late hours, the women who had worked in Fort Lee alleged they were required to take their lunch break at the beginning of their shifts, which meant they would work their entire shifts without a break in the middle. Because they were in high school at the time of their employment, the pair usually worked nights after school and sports practices. Those shifts typically ended around 11 p.m., they said. However, despite working on school nights, they sometimes would work well past the end of their shifts, sometimes into the early morning.

“I would come to school and I would fall asleep in Italian class,” said Van Lee. “My Italian teacher actually pulled me aside and talked to me and was suggesting that maybe isn’t the right way to be working – past 2 a.m. as a minor.”

Working so late forced MacLeod and Van Lee to struggle in class, to the point they chose to quit their jobs. The pair worked at Chipotle for about two years beginning in 2014, and their time at the fast food chain overlapped. MacLeod said she tried to address her concerns with management, but her complaints were ignored.

“Now I’m an adult and I have a son of my own, and I can’t imagine him being treated like that and being ignored,” MacLeod said.

Mayer, the women’s attorney, said the pair filed a complaint with the New Jersey Department of Labor.

“In Massachusetts there were complaints from parents — their children were not being treated properly by Chipotle — and the Massachusetts Attorney General took action,” Mayer said. “But no action has been taken here. So, we are again calling on the Attorney General of the state, the Governor of the State to take action and protect child workers across the state.”

Angela Delli Santi, a spokesperson for the state’s Department of Labor, said on Wednesday the agency did investigate a claim filed on May 9, 2016, on behalf of MacLeod. The complaint alleged minors at the Fort Lee restaurant were working past 11 p.m. on weekends, in violation of law, and were not provided a mandatory 30-minute break after working five consecutive hours. The location was subsequently fined, she said. 

“The Labor Department takes allegations of workers’ rights violations very seriously and has teams of experts to investigate suspected violations,” Delli Santi said in an email. “The Labor Department investigated a complaint involving a minor working at Chipotle Mexican Grill in Fort Lee,” she said. “As a result of the investigation, Chipotle was assessed $7,000 in penalties, which it paid in 2017.”

The department declined further comment about whether they planned to pursue further action against Chipotle after the recent fines against the company in nearby Massachusetts. 

Melanie Anzidei is the retail reporter for NorthJersey.com. To get unlimited access to the latest news about store openings and closings in North Jersey’s biggest malls, shopping centers and downtowns, please subscribe or activate your digital account today.

Email: anzidei@northjersey.com Twitter: @melanieanzidei 

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