Class action lawsuit: Wendy’s operator didn’t permit, pay for breaks

BOULDER — A former employee of a company that owns and operates local Wendy’s restaurants filed a class action lawsuit this week against the employer claiming that staff with Bodam Aksan LLC did not provide mid-shift rest breaks and did not pay wages for work performed during that break time. 

Richard Webb, who filed the lawsuit in Boulder County District Court on behalf of himself and similarly situated Bodam Askan workers, claims that he regularly worked eight- to nine-hour shifts at a wage just above Colorado minimum wage. He “did not receive all 10-minute rest breaks and was not paid for missed 10-minute rest breaks,” the complaint said. 

Colorado labor laws mandate that employers provide workers with a 10-minute rest break for every four hours worked. 

“By failing to provide all required rest breaks to its non-exempt employees, (the Wendy’s operator) violated the Wage Claim and Minimum Wage Acts,” the lawsuit said. (Bodam Aksan) had no legal justification for its failure to comply and, by failing to properly pay for the missed break time, shorted employees on their time-worked, including unpaid minimum wage, unpaid straight time, and unpaid overtime.”

Bodam Aksan could not be reached for comment Thursday.

The lawsuit, which was filed Tuesday and does not specify at which Wendy’s location Webb worked, requests that the court certify the plaintiffs status as a class with right to represent workers with similar complaints as Webb’s, and demands unspecified compensatory damages, treble damages and legal fees. 

The lawsuit is Richard Webb and similarly situated persons vs. Bodan Aksan IA LLC, case number 2023CV30511, filed July 18, 2023, in Boulder County District Court.

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