Shake Shack made hourly employees work off the clock, new class action alleges

Fanta Fofana, a former Shake Shack employee in Queens, filed a class action lawsuit against Shake Shack Enterprises LLC on Aug. 14, 2026, in the U.S. District Court for the Southern District of New York.

The complaint alleges hourly workers routinely worked off the clock before, during and after their shifts, with no pay for that time.

The alleged unpaid work

Fofana claims she worked as a full-time Shake Shack employee from April 2021 to April 2026. The lawsuit sorts the unpaid time into three portions of the workday:

  • Before the shift, which includes 20 to 60 minutes of changing into uniform, checking in with managers, unloading deliveries and stocking
  • During meal breaks, which includes running the register, prepping food and cleaning while punched out
  • After clocking out, which includes 20 to 45 minutes of stacking chairs, cleaning grills and mats, draining ice machines and changing out of uniform

Shake Shack promises workers in New York and more than a dozen other states a 30-minute meal break on shifts of six hours or longer and automatically deducts that half hour from the employee's time, the filing alleges.

Fofana estimates she lost up to four meal breaks in a typical week and spent five to nine hours weekly on unpaid work overall, according to the proposed class action.

Additionally, managers periodically sent New York workers to move food, supplies or equipment between locations, the lawsuit claims. During this trips, employees reportedly needed to cover their own cover train fares, subway rides, ride-shares and personal vehicle costs.

Finally, the lawsuit states state law requires pay stubs to list overtime rates along with the regular and overtime hours an employee actually worked. Shake Shack's weekly statements allegedly omitted these.

The legal claims

The suit brings one federal count and three counts under New York Labor Law:

  • Fair Labor Standards Act, the federal wage law, claiming unpaid overtime on behalf of hourly workers at company-owned locations nationwide
  • New York Labor Law Articles 6 and 19, covering an employer's obligation to pay for every hour on the job
  • New York Labor Law Article 6, Sections 193 and 195, requiring employers to reimburse promised business expenses and itemize hours and overtime rates on every pay stub

Fofana seeks unpaid wages, liquidated damages equal to 100% of any unpaid wages, $50 per deficient pay statement up to $5,000 a person, interest, attorneys' fees and a court order requiring changes to the company's pay and timekeeping practices. She also demands a jury trial.

What this means for Shake Shack workers

Shake Shack Enterprises employed more than 13,400 hourly workers at 390 company-operated restaurants across 34 states and the District of Columbia as of late 2025, roughly 70 of them in New York, the lawsuit claims. The complaint estimates the federal class alone could top 10,000 people.

As of this writing, there is no settlement and no claims process.