Cannabis Dispensary Lawsuits for Unpaid Overtime, Wage Violations
December 11, 2019 Last Updated on March 17, 2021
Important Information
Attorneys working with ClassAction.org are no longer investigating this matter. The information here is for reference only. A list of open investigations and lawsuits can be viewed here.
Case Update
- March 17, 2021 – Investigation Closed
- Thank you to everyone who reached out to us regarding this matter. At this point, attorneys working with ClassAction.org have decided not to move forward with their investigation. If you have questions regarding your rights, reach out to an attorney in your area as most offer free consultations. The information below was posted when the investigation began and remains for reference only.
Our open list of investigations can be found here.
At A Glance
- This Alert Affects:
- People working in cannabis dispensaries.
- What’s Going On?
- In light of claims that some workers in the cannabis industry are not being paid properly, attorneys working with ClassAction.org have opened their own investigation into the matter. They’re looking to hear from current and former dispensary workers to learn more about how these employees are getting paid and to determine whether additional class action lawsuits can be filed.
- How a Class Action Could Help
- Class action lawsuits could help workers who were underpaid earn money for back wages and also help ensure cannabis dispensaries properly pay their employees going forward.
Attorneys working with ClassAction.org would like to speak to people employed by marijuana dispensaries in any of the following positions:
- Cannabis Retail Associate
- Cannabis Sales Representative
- Delivery Driver/Courier
- Dispensary Agent
- Dispensary Associate
- Dispensary Manager
- Dispensary Technician
- Edibles Creator
- Front Counter / Check-In Staff
- Inventory Coordinator
- Lead Inventory Associate
- Order Fulfillment Specialist
- Packaging Technician
- Patient Care Specialist
- Patient Consultant
- Patient Counselor
- Patient Outreach
- Purchasing and Inventory Manager
- Security Officer / Guard
- Wellness Consultant
A handful of lawsuits have been filed alleging that some workers in the cannabis industry aren’t being paid properly and are owed money for unpaid overtime hours and more.
In light of these claims, attorneys working with ClassAction.org are trying to get a closer look into how dispensaries operate to determine whether workers are being paid properly, whether unfair labor practices are isolated or widespread, and whether additional class action lawsuits can be filed.
Unfair Pay Practices: Were You Underpaid for Your Work?
If you worked more than 40 hours per week and did not receive time-and-a-half pay, you may have been underpaid. Most employees are entitled to overtime pay and being paid a salary does not mean you are automatically exempt from earning overtime wages.
Furthermore, it’s important to keep in mind that all time spent working for the benefit of your employer must be paid.
You may have been underpaid if you did not receive wages when you worked:
- Off the clock
- Beyond your scheduled shift time
- Through your lunch break
Attorneys are also looking into claims involving:
Workers classified as “managers.” If you hold the title of dispensary or inventory manager and you’re not getting paid overtime when working more than 40 hours a week, it’s important to make sure your job duties match the “manager” part of your title. In the past, class action lawsuits have been filed on behalf of people who were given managerial titles as part of the employer’s attempt to exclude them from overtime wages. If you don’t have the ability to hire or fire other employees, you may not really be a “manager” under the law and could be entitled to recover your unpaid overtime wages.
Workers who receive bonuses or other additional forms of pay. If you’re getting overtime pay, it’s important to make sure you’re getting the right amount. When calculating a worker’s overtime rate, the employer must include all forms of compensation, including shift differentials and bonuses. They cannot just take the worker’s hourly rate and multiply it by 1.5 if he or she regularly receives other forms of compensation; this pay must also be included.
Workers paid on a day-rate basis. If you’re paid on a day-rate basis and you’re not receiving overtime when working more than 40 hours per week, you may be able to file a claim for this money. Being paid a day rate does not automatically exclude you from receiving overtime wages.
Do Marijuana Dispensaries Have to Comply with the Law?
Yes. Even though marijuana is illegal on a federal level, dispensaries still must follow federal labor laws, including paying eligible employees at least the minimum wage and time-and-a-half for overtime hours.
How Could a Class Action Lawsuit Help?
A class action lawsuit could help workers recover money for unpaid overtime and any other wages they missed out on due to illegal pay practices. Further, a successful case could serve as a warning to other marijuana dispensaries and ensure the company being sued corrects their violations.
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