Whole Foods has resolved a proposed class action alleging that the grocer trimmed workers’ paychecks if they returned slightly late from breaks.
Attorneys for Whole Foods and two of its former cashiers announced in a joint notice to a New York state judge that the suit “is dismissed in full and discontinued.”
Counsel for the parties did not immediately respond to requests for comment.
Whole Foods Resolves Time-Shaving Class Action : Allegations Against Whole Foods
The two former employees, Bleu Lanza and Brittney Herrera, sued in 2022, claiming the time-shaving practice violated New York Labor Law. The suit alleged that Whole Foods Market Group automatically deducted a 30-minute unpaid break if the cashiers came back a few minutes late from their 15-minute paid break. Lanza and Herrera asserted that the wage statements they received did not reflect that 30 minutes of wage time had been deducted.
Court’s Decision
The suit survived a motion to dismiss in January 2023 when Judge Dakota Ramseur ruled that the cashiers “described with particularity” how the grocery chain deducted time from their work hours. The judge also declined to dismiss a claim from Lanza, who said she was struck in the face by an unmasked customer in January 2021, hit back in self-defense after trying to enforce the state mask mandate, and was terminated three days later. Lanza claimed this was in retaliation for reporting the safety concern.
Whole Foods Resolves Time-Shaving Class Action : Legal Representation
Lanza and Herrera are represented by Rony Guldmann and C.K. Lee of Lee Litigation Group PLLC. Whole Foods is represented by Leni Battaglia and John Guyette of Morgan Lewis & Bockius LLP.
Conclusion
Whole Foods resolves the time-shaving class action, bringing closure to the allegations that had challenged its payroll practices. As both sides remain silent on the details, the resolution marks the end of a legal battle that spotlighted employee rights and corporate responsibilities.
