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Vitamin Shoppe class action overview:
- Who: Two former employees of Vitamin Shoppe are suing the company.
- Why: The plaintiffs say they and other Vitamin Shoppe employees were not paid their complete wages while working for the company.
- Where: The Vitamin Shoppe class action was filed in a California federal court.
Vitamin Shoppe systematically fails to pay its workers properly, in an alleged wage-theft practice worsened by its “chronic understaffing” issues, a new class action lawsuit alleges.
Plaintiffs Jennifer Reyes Whitt and Wendy Rincon filed the class action complaint against Vitamin Shoppe Industries LLC on Feb. 1 in a California federal court, alleging violations of the Fair Labor Standards Act (FLSA).
According to the lawsuit, Vitamin Shoppe fails to pay its workers proper overtime, doesn’t pay the minimum wage for all hours worked, doesn’t give its workers proper meal breaks or rest periods, doesn’t reimburse employees for business expenditures and does not provide accurate wage statements.
Whitt says she experienced all of these FLSA violations while she worked for the company from November 2013 to April 2022. Rincon worked for the company from August 2020 to August 2022, when she said she was also the victim of wage theft.
While Whitt worked approximately 45 hours per week, and Rincon worked about 40 to 50 hours per week, Vitamin Shoppe regularly failed to pay them for all hours worked, they say.
“Defendant regularly requires Plaintiffs, Class and Collective Members to work during clocked out meal breaks, yet does not compensate Plaintiffs, Class and Collective Members for this off-the-clock work,” the plaintiffs allege.
Vitamin Shoppe understaffing led to further issues for employees, lawsuit states
The plaintiffs say they and others were usually required to work through their meal break due to “chronic understaffing.” They added they often worked up to an hour off the clock every week calling and texting with supervisors and coworkers about various issues that came up at the stores.
Meanwhile, the plaintiffs say the company systematically failed to provide them with compliant meal and rest periods or accurate records of their hours.
They seek to represent all current or former hourly, non-exempt employees employed by Vitamin Shoppe Industries LLC in the U.S. in the past three years, plus a California subclass.
The plaintiffs are suing for violations of the FLSA and violations of California employment laws and seek certification of the class action, damages, back pay and lost wages, fees and costs.
In 2021, Vitamin Shoppe was hit with a class action lawsuit alleging it effectively bars those with visual impairments from buying the health products sold by the company online due to its inaccessible website.
Have you worked for Vitamin Shoppe? Let us know your experience in the comments.
The plaintiffs are represented by Carolyn H. Cottrell, Ori Edelstein and Philippe M. Gaudard of Schneider Wallace Cottrell Konecky LLP.
The Vitamin Shoppe FLSA class action lawsuit is Jessica Reyes Whitt, et al. v. Vitamin Shoppe Industries LLC, et al., Case No. 5:23-cv-00169, in the U.S. District Court for the Central District of California.
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One thought on Vitamin Shoppe class action alleges company fails to pay accurate wages, provide breaks
I was a part of a class action settlement against Eli Lily , in reference to Zyprexa I opted out of the class action and obtained an attorney. He started handling the case and even went to a meeting with the attorneys for Eli Lilly. He then called me from New York and asked me what id the least amount I would settle for, mine you the class action amount offered was $33,672. So my last minute attorney that I found decided to tkae my case even though he was not familiar with the case. So since he did not even tell me he was going to the hearing or meeting, I told him I would take $40,000 and this is why I did not really want that amount, It was given to me as a out paient, and then when I started having phycosis and diabetic issues, I was taken to a hospital and then transferred to a mental institution where it was still given as treatment to me, I really went through something, which I can explain when this case is handled or looked into why my attorney returned back to North Carolina and said he may have to go back to New York, and then just called me and said , I cannot handle this case with no explanation at all; after asking him why. He again said I can not handle this case. I had been sick back and forward for a few years why I am just being able to ask any atorney reading this, to what are my rights and how to find out what happened through the Eli Lilly attorneys.