Thistle Health Burlington, NJ Lawsuit: Unpaid Overtime & Misclassification

A lawsuit claims certain workers at Thistle Health’s Burlington, New Jersey production facility were illegally underpaid, and attorneys working with ClassAction.org want to speak with more affected workers to help strengthen the case.

Specifically, the Thistle Health lawsuit alleges that production associates at the facility—i.e., those who worked in food preparation and packaging—were misclassified as 1099 contractors instead of employees and denied time-and-a-half overtime pay. The case also claims workers were not paid for time spent on work-related activities (such as putting on and taking off protective gear) during breaks and before and after their shifts.

According to the Thistle Health lawsuit, Thistle production associates, many of whom were paid through staffing app WorkWhile or similar staffing companies, are entitled under New Jersey labor law to recover back pay for their unpaid overtime hours and off-the-clock work—plus another 200% of their unpaid wages.

What Does the Thistle Health Unpaid Wages Lawsuit Claim, Exactly?

The Thistle Health lawsuit alleges that the company violated New Jersey labor law by misclassifying production workers as contractors instead of bona fide employees. While employees are entitled to certain protections under state and federal law, including minimum wage and overtime pay, independent contractors are considered exempt from these protections.

According to the misclassification lawsuit, Thistle production associates often worked more than 40 hours per week without receiving time-and-a-half overtime pay, which the case says they were entitled to under New Jersey law.

The Thistle Health lawsuit also claims that production workers were not paid for time spent on necessary work-related activities before and after their shifts and during lunch breaks. According to the suit, workers spent several minutes each day donning and doffing (i.e., putting on and taking off) required personal protective equipment and clothing, cleaning and sanitizing their equipment, and walking to the production line—all of which was unpaid. The Thistle Health lawsuit claims these activities were required by and primarily benefited Thistle. Moreover, workers allegedly had to remain at the Thistle Burlington, NJ facility while donning and doffing clothing and equipment. For these reasons, the lawsuit claims Thistle production associates’ donning and doffing time, as well as other pre- and post-shift work activities, should have been paid under New Jersey law.

According to the lawsuit, production workers are owed unpaid wages, including overtime, for time spent working off the clock and during their unpaid lunch breaks.

Are Thistle Workers Employees or Independent Contractors?

According to the Thistle Health lawsuit, production workers were misclassified as independent contractors and denied the protections granted to employees under state labor law.

The lawsuit alleges that under New Jersey law, workers can only be classified as 1099 contractors if all of the following conditions are met:

• The worker is free from the company’s control and direction in how their work is performed
• The worker performs work that is outside the company’s usual course of business
• The worker is normally engaged in an independently established business of the same nature as the work performed for the company

According to the lawsuit, Thistle production associates do not meet all three of these criteria—called the “ABC test”—and are therefore considered employees under New Jersey law, entitled to overtime pay and other protections designed to ensure that they are properly paid for all hours worked.

The Thistle lawsuit alleges that production workers were not free from Thistle’s direction and control in how their work was performed given they had supervisors who instructed them on where to work, mandated how each task was performed and monitored their performance. Per the suit, supervisors evaluated workers’ performance through WorkWhile, a third-party staffing firm that Thistle used to fill positions at its production facility.

Further, the WorkWhile Thistle lawsuit claims the company controlled production workers’ schedules and hours, requiring supervisor approval if workers needed to leave early or wanted to work extra hours.

The Thistle Health lawsuit also argues that production associates performed work that is not outside the scope of the company’s business, which is packaging and delivering meals to customers, and that the workers were not “customarily engaged” in an independently established trade as food preparation workers. In fact, the suit says, many production associates expected to receive Thistle Health jobs on a permanent basis after completing a certain amount of work for the company.

How Could a Thistle Health Lawsuit Help Workers?

If the lawsuit is successful, it could help current and former workers recover any unpaid wages they may be owed, including overtime pay and straight-time pay for off-the-clock work. The lawsuit is also seeking “liquidated damages” of 200% of workers’ unpaid wages.

What You Can Do

If you worked in food preparation or packaging at the Thistle Burlington, NJ facility between November 2022 and March 2025 and were paid through the WorkWhile app or a similar staffing firm, fill out the form on this page to share your story.

After you get in touch, an attorney or legal representative may reach out to you directly to ask you some questions about your experience and explain how you may be able to help the case against Thistle Health. It doesn’t cost anything to fill out the form or speak with someone, and you’re not obligated to take legal action if you decide you don’t want to.

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