A former Deep Six CBD Online Edibles & Oils employee claims the retailer failed to pay him for roughly 600 overtime hours due to its policy of requiring workers to arrive early and stay late without compensation.
Filed against Atlantic Intertech LLC, which operates several Deep Six cannabidiol (CBD) outlets throughout Pennsylvania, the 10-page proposed class and collective action claims the plaintiff was misclassified as a manager even though he “rarely, if ever, acted as a manager or supervisor,” and was fired in retaliation for complaining about the defendant’s pay practices.
The plaintiff says he worked at Deep Six’s King of Prussia location between June 2017 and January 2020 for $12 to $13 an hour before commissions, a pay rate that the case says fell below the threshold for exempt employee status. According to the complaint, the defendant failed to pay the plaintiff and other employees for “indispensable work” performed before clocking in and after clocking out.
According to the suit, although Deep Six employees would arrive at work before the store opened at 10 a.m. and would stay past the 9 p.m. closing time, they were not paid for work performed during those hours. Near the end of his employment, the plaintiff worked between five to seven extra hours per week without pay, the man estimates.
Per the complaint, the plaintiff complained to management about working extra hours without overtime and was “rebuffed.” The man says he was fired about one week after raising the issue again to the company’s owner.
Alleging violations of both the federal Fair Labor Standards Act and Pennsylvania labor laws, the case claims the defendant has failed to pay the plaintiff for roughly 600 hours of overtime, with other employees being owed for similar amounts of time worked.
The plaintiff looks to represent anyone who, within the past three years, was employed by the defendant in Pennsylvania and worked more than 40 hours per week without receiving overtime pay for hours worked in excess of 40.
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