Yes, employees at Dick’s Drive-In restaurants in Washington have filed a class action lawsuit alleging that the company systematically failed to provide mandatory rest and meal breaks, and failed to pay wages properly. On February 18, 2026, former employee Madison Masterson filed the case, Masterson v. Dick’s Drive-In Restaurants Inc, in King County Superior Court, claiming that workers across the company’s 10 locations in the Puget Sound region were required to skip 10-minute rest breaks required by Washington state law, go without required 30-minute meal breaks, and were not paid overtime or accrued sick leave.
The lawsuit covers allegations spanning the previous three years, affecting what could be dozens of current and former employees who worked during that period. Beyond the immediate lawsuit, this case highlights a broader pattern of wage and hour violations at fast-casual restaurants where break compliance is often treated as a scheduling inconvenience rather than a legal requirement. This article explains the specific allegations against Dick’s Drive-In, the Washington state laws the company allegedly violated, who can file a claim, and what the lawsuit process typically involves.
Table of Contents
- What Are the Specific Allegations Against Dick’s Drive-In?
- Washington State Break and Wage Laws Explained
- Dick’s Drive-In Response and Company Background
- Who Can File a Claim in This Lawsuit?
- Why Break Violations Matter Beyond Lost Time
- Overtime Pay and Final Wage Violations
- What Happens Next in the Lawsuit
What Are the Specific Allegations Against Dick’s Drive-In?
The Masterson lawsuit alleges five categories of labor violations. First, Dick’s Drive-In required employees to miss mandatory 10-minute rest breaks—time that washington law requires employers to provide for every four-hour work period. Second, the company failed to provide 30-minute meal breaks for employees working shifts of five hours or longer, another Washington requirement. Third, the company allegedly failed to pay overtime compensation for hours worked beyond 40 in a week, which triggers time-and-a-half pay under federal law. Fourth, employees claim they were not paid all wages due when they left employment or changed positions.
Fifth, the lawsuit alleges that Dick’s Drive-In did not provide or properly track accrued sick leave, and did not allow employees to use that time for qualifying absences like illness. Unlike lawsuits that focus on a single violation, this case stacks multiple wage claims. For example, an employee might have worked 45 hours in a week without a paid meal break and without the required overtime compensation for those five extra hours. That’s three separate violations in a single work week. The lawsuit names the period of alleged violations as the previous three years, meaning employees working at Dick’s Drive-In between March 2023 and March 2026 may have claims.
Washington State Break and Wage Laws Explained
Washington’s labor standards are among the strictest in the nation. The state requires employers to provide a paid 10-minute rest break for every four hours of work (or major fraction thereof). If an employee works a six-hour shift, they’re entitled to at least one 10-minute break. An eight-hour shift requires two breaks. These are paid breaks—time employees remain “on call” and under the employer’s control. Meal breaks operate differently. Employees are entitled to an unpaid 30-minute meal break if they work five or more hours in a shift.
However, if an employee cannot leave the premises or remains under the employer’s control during the meal period, that time must be paid. Dick’s Drive-In workers, like most fast-food and quick-service restaurant workers, would be required to receive these breaks during their shifts. Failure to provide breaks leaves employers liable for the break time itself (as unpaid wages), plus statutory penalties. In Washington, wage theft cases often result in courts awarding triple damages—three times the unpaid wages owed—plus attorney’s fees. Washington also has strict overtime rules. After 40 hours in a workweek, employers must pay at least 1.5 times the regular wage rate. Some industries and circumstances have different thresholds, but hospitality and food service workers typically fall under the standard 40-hour rule. If Dick’s Drive-In systematically required or pressured workers to work extra hours without overtime pay, that’s a separate wage violation.
Dick’s Drive-In Response and Company Background
Dick’s Drive-In is a family-owned burger chain operating since the 1950s with 10 locations across the Puget Sound region in western Washington. The company has deep roots in Seattle’s food culture and community.
When the lawsuit became public, CEO Jasmine Donovan issued a statement saying: “As a family-owned business that has served the Seattle community for decades, we value our employees and are committed to operating with integrity and in compliance with all applicable laws.” The company has not admitted wrongdoing, which is standard in wage litigation. However, the specific and detailed nature of the allegations—covering three years of alleged violations across multiple locations—suggests the plaintiff’s attorneys have gathered evidence from multiple current and former employees. Wage and hour lawsuits typically only move forward if attorneys can demonstrate a pattern, not just isolated incidents.
Who Can File a Claim in This Lawsuit?
Any current or former employee who worked at Dick’s Drive-In locations between March 2023 and the present may be eligible to join this class action. This includes full-time workers, part-time workers, and seasonal employees. The class is not limited to employees still working at the company; former employees who quit or were terminated can also participate. However, eligibility depends on whether you actually experienced the alleged violations.
If you always received your breaks and overtime pay correctly, you wouldn’t have a viable claim. Class action lawsuits don’t require that every member experienced every violation—for example, you might have a strong claim for unpaid breaks but not for meal breaks if your shifts were consistently under five hours. The key is demonstrating that you worked during the alleged period and were affected by at least one of the violations named in the lawsuit. If you were a manager or supervisor at Dick’s Drive-In during this period, consult with an attorney about your eligibility. Managers’ wage claims often have different rules and may fall outside the class action scope depending on their job duties.
Why Break Violations Matter Beyond Lost Time
When an employer skips a 10-minute break, it’s not just 10 minutes of pay at stake—it’s a compound problem. Employees working without breaks experience fatigue, reduced accuracy, and increased injury risk, which creates liability for the employer. More immediately, if an employee worked a six-hour shift without any rest break, they’re owed that full 10 minutes at their regular wage rate. If this happens across multiple shifts per week for years, the damages accumulate quickly.
Consider a worker earning $15 per hour who worked 40 hours per week for 156 weeks (three years) but was systematically denied one 10-minute break per day. That’s approximately 52 hours of unpaid breaks over three years, or $780 in direct losses—before penalties. Under Washington law, the court could award triple damages ($2,340) plus attorney’s fees, which could total $4,000 or more. Multiply that across 40 employees, and Dick’s Drive-In’s liability becomes substantial. This is why wage theft cases become class actions.
Overtime Pay and Final Wage Violations
Overtime violations often go undetected because restaurants use creative scheduling to avoid triggering overtime. An employee might work 9 hours Monday through Wednesday (27 hours) and then 13 hours Thursday (40 hours total, no overtime yet) and 6 hours Friday (46 hours, now owed 6 hours at time-and-a-half). If the paycheck only shows 46 hours at regular rate, that’s an overtime violation.
The “wage upon termination” claim means that when an employee left Dick’s Drive-In, the company failed to provide all final wages on the employee’s last paycheck or within the required timeframe. Washington requires final wages immediately or by the next regular payday. If an employee was owed a final paycheck but didn’t receive it, that’s a separate violation. Sick leave claims work similarly—if Dick’s Drive-In didn’t track sick leave hours properly or prevented employees from using them, the company owes the accrued (but unused) hours as wages, not just as future time off.
What Happens Next in the Lawsuit
Class action wage cases in King County Superior Court typically move through several stages. First, the court will consider whether the lawsuit can proceed as a class action—meaning the judge decides whether there are enough common legal issues affecting enough employees that a class action is the appropriate vehicle. This motion usually takes several months. Assuming the court certifies the class, discovery begins, where both sides exchange documents and testimony.
In many wage cases, once discovery reveals the scope of violations, the parties move toward settlement. The company might argue the violations were unintentional or limited to certain locations, while the plaintiff’s attorneys argue the violations were systematic. Settlement discussions often involve a pool of money—say, $500,000 to $2 million—that gets divided among eligible employees based on factors like hours worked and violations experienced. Settlement negotiations can take 12 to 24 months, though some cases settle faster.
You Might Also Like
- Western Washington Burger Chain Faces Class Action Over Unpaid Wages
- Why Mastercard Overpaid for Stablecoin Tech It Could Have Developed In-House
- Visa and Stripe Stablecoin Partnership Leads Late March Crypto Deals
Open Settlements You Can Claim Now
Browse current class action settlements accepting claims — several require no proof of purchase: