Target, Krispy Kreme, Insomnia Cookies, Cannabis Co. Face Labor Claims

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Labor Violations Class Action Lawsuits Overview: 

• Who: Taylor Rae Hine, Joseph Cumberbatch and Consuelo Diaz-Rodriguez have filed class action lawsuits against Insomnia Cookies and Krispy Kreme, Target Corporation, and Stiiizy Inc. and RP Staffing, respectively.
• Why: Plaintiffs are former workers claiming labor violations such as failure to provide overtime pay and rest breaks.
• Where: The class action lawsuits were filed in New York federal courts and the Superior Court of the State of California.

Three separate class action lawsuits involving labor violation claims have been filed recently with workers targeting Insomnia Cookies, Krispy Kreme Inc., Target Corporation, Stiiizy, Inc., and RP Staffing, Inc.  

Plaintiff Taylor Rae Hine claims Krispy Kreme and Insomnia Cookies fail to pay workers either minimum wage for their hours worked or overtime pay for hours worked over 40 in a week as required by law. 

Hine argues Krispy Kreme’s and Insomnia Cookies’ alleged “willful, malicious and unlawful employment policies, patterns and practices” put it in violation of the Fair Labor Standards Act and New York Labor Law. 

Hine, who wants to represent a class of non-exempt personnel employed by Krispy Kreme or Insomnia Cookies within the past six years, says she worked as delivery driver for the companies for around two years between 2019 and 2021. 

Hine claims she was paid a flat compensation but was never informed of her hourly pay rate or any tip deductions that were made towards minimum wage. 

Further, Hine claims she engaged in non-tipped work for more than 20% of her workday and had to pay out-of-pocket for delivery-related car expenses without reimbursement. 

Hine is demanding a jury trial and requesting injunctive relief along with unpaid wages and liquidated and/or punitive damages for herself and all class members. 

Target Fails To Appropriately Pay Manual Workers Every Week

Plaintiff Joseph Cumberbatch, meanwhile, claims Target fails to provide weekly pay to employees who engage in manual work, as required by New York Labor Law, instead paying them on an every other week basis.  

Cumberbatch wants to represent a New York class of individuals who were employed as manual workers for Target within the past six years. 

Cumberbatch says during his time employed with Target last year, that at least 25% of his workload involved manual labor, including loading and unloading merchandise. 

“Plaintiff has been injured by Defendant’s failure to pay timely wages because he was temporarily deprived of money owed to him,” the class action lawsuit states. 

Cumberbatch is demanding a jury trial and requesting liquidated damages for himself and all class members. 

Cannabis Retail Chain Failed To Provide Rest Breaks, Overtime

Consuelo Diaz-Rodriguez, meanwhile, claims California-based cannabis retail chain Stiiizy, Inc. and RP Staffing, Inc. denied employees rest and meal breaks, failed to pay overtime and didn’t appropriately reimburse them for out-of-pocket business expenses. 

Diaz-Rodriguez, who wants to represent a class of nonexempt Stiiizy employees who worked for the company in California within the last four years, along with 21 subclasses of exempt employees, claims the “joint employers” fail to provide 10-minute rest periods as required by law, along with off-duty meal periods of at least 30 minutes every five hours. 

Further, Diaz-Rodriguez argues Stiiizy and RP intentionally failed to provide workers with adequate pay stubs that would have shown them the total hours they worked. 

Diaz-Rodriguez, who says she was deployed to work at a Stiiizy cannabis factory by RP, claims employees are also required to arrive five minutes early to their shifts to get appropriately dressed without being compensated for the time. 

Diaz-Rodriguez is demanding a jury trial and requesting declaratory and injunctive relief along with damages and statutory penalties for herself and all class members. 

A separate class action lawsuit involving claims of labor violations was filed by Sheraton Hotel workers who claim the company withheld their tips and failed to pay them at least minimum wage. 

Has your employer underpaid you? Do you live in the state of California? Click here to see if you qualify for legal compensation.

Diaz-Rodriguez is represented by Armond M. Jackson of Jackson APC. 

Cumberbatch is represented by Yitzchak Kopel and Alec M. Leslie of Bursor & Fisher, P.A. 

Hine is represented by John Troy, Aaron Schweitzer and Tiffany Troy of Troy Law, PLLC. 

The Labor Violations Class Action Lawsuits are Diaz-Rodriguez v. Stiiizy Inc., et al., Case No. 22STCV05143, in the Superior Court of the State of California; Cumberbatch v. Target Corporation, Case No. 1:22-cv-01236, in the U.S. District Court for the Southern District of New York; and Hine v. Insomnia Cookies, et al., Case No. 6:22-cv-06075, in the U.S. District Court for the Western District of New York.

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