Cannabis Dispensary Lawsuits for Unpaid Overtime, Wage Violations

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.

If you work or worked in a marijuana dispensary, fill out the form on this page and tell us about your experience. The attorneys need to hear from as many people as possible as part of their investigation.

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.

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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