Five Guys Gender-Based Pay Discrimination Investigation

After more than two years of litigation, the Honorable Sylvia H. Rambo of the U.S. District Court for the Middle District of Pennsylvania granted Plaintiffs Finefrock and Francis permission to pursue their gender-based pay discrimination claims against Defendant Five Guys Operations, LLC (“Five Guys”) as a nationwide collective of women under the Equal Pay Act. Plaintiffs allege that Five Guys paid female General Managers and Assistant General Managers less than their male colleagues for the same work.  Because of the Court’s ruling, any woman who has worked at a Five Guys’ corporate-owned restaurant as a General Manager or Assistant General Manager between June 21, 2013 and the present is eligible to participate in this litigation. 

The Court has set a deadline of October 25, 2018 for Plaintiffs and Five Guys to submit an agreed-upon Notice that will then be sent to all members of the collective. When that Notice is available, it will be posted on this page. If you are a woman who worked as a General Manager or Assistant General Manager at any Five Guys’ corporate-owned restaurant between June 21, 2013 and the present and are interested in participating in this litigation, please contact Stueve Siegel Hanson LLP at 1.888.756.6491.. 

The Court appointed George Hanson and Alex Ricke of Stueve Siegel Hanson LLP and Larry Weisberg and Derrek Cummings of McCarthy Weisberg Cummings P.C to represent the collective. Over the course of the litigation, Plaintiffs have overcome several obstacles, including defeating Five Guys’ motion to dismiss the case (see Finefrock v. Five Guys Operations, LLC, No. 1:16-CV-1221, 2017 WL 1196509 (M.D. Pa. Mar. 31, 2017)) as well as providing sufficient evidence of gender-based pay inequity between men and women at Five Guys and that compensation decisions were made by a centralized Five Guys’ office to merit conditional collective certification. 

“We are pleased with Judge Rambo’s well-reasoned Order to conditionally certify this nationwide collective action under the Equal Pay Act,” said George Hanson, Partner at Stueve Siegel Hanson LLP. “The Order will allow for notice of this case to be sent to female General Managers and Assistant General Managers at thousands of Five Guys’ restaurants around the country providing them the opportunity to participate in this wage discrimination case.”

As noted above, the next step in this case is for Court-authorized Notice to issue to collective members so that they can decide whether to participate in the case. On the litigation front, Stueve Siegel Hanson LLP and McCarthy Weisberg Cummings P.C. look forward to conducting class-wide discovery to obtain justice for women who have been affected by this wage discrimination.  

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