Nespresso USA Overtime and Breaks California Labor Law Class Action

Nespresso USA, Inc. runs a chain of stores that sell coffee and related items, such as coffee and espresso machines and coffee pods. It is related to Nestle USA, Inc., which is also a defendant in this case. The complaint for this class action alleges that the company violates California labor laws, denying non-exempt workers wages they’ve earned, including premium and overtime pay, not providing proper meal and rest breaks, and requiring off-the-clock work.

The class for this action is all current and former hourly, non-exempt retail store employees who worked for Nespresso USA in California, at any time between September 15, 2016 and the present.

William Baber worked for Nespresso from around August 20, 2017 to around January 31, 2020, primarily at the company’s Beverly Hills location and also at a Santa Monica location. Baber was classified as an hourly, non-exempt employee. He put in four or more hours per day, five days per week, at a wage of $16 per hour.

He performed tasks such as stocking and selling merchandise, doing inventory, packing and unpacking items, working with the registers and phones, cleaning the store and restrooms, giving customers food and drinks, setting up deliveries of merchandise, and so on.

His shifts sometimes extended beyond five hours, but he was not given the uninterrupted thirty-minute meal break required by law, “[d]ue to understaffing combined with a high volume of customers[,]” the complaint claims. He worked through his meal breaks, took them late, or was interrupted during the breaks. For such shifts, California law requires that he be given an extra hour’s pay as a premium in such circumstances, but the complaint says Baber did not receive it.

Although he sometimes worked more than ten hours for a shift, he alleges he was not given a second meal break or premium pay for that; nor was he given proper rest breaks or premium pay for missed ones. According to the complaint, Nespresso did not “authorize and permit rest breaks” “[a]t all times” during the period covered by this class action; workers were required to work through this time.

When he worked more than eight hours in a day or forty hours in a week, the complaint says, the company did not pay workers for all hours worked and, if they did pay overtime, they did not calculate it at the proper rate.

Nespresso also did not pay workers for off-the-clock work when they had to submit to bag searches or wait for a keyholder to unlock the door to let them out when their shift ended.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Nespresso USA Overtime and Breaks California Labor Law First Amended Complaint

September 15, 2020

Nespresso USA, Inc. runs a chain of stores that sell coffee and related items, such as coffee and espresso machines and coffee pods. It is related to Nestle USA, Inc., which is also a defendant in this case. The complaint for this class action alleges that the company violates California labor laws, denying non-exempt workers wages they’ve earned, including premium and overtime pay, not providing proper meal and rest breaks, and requiring off-the-clock work.

Nespresso USA Overtime and Breaks California Labor Law First Amended Complaint

Case Event History

Nespresso USA Overtime and Breaks California Labor Law First Amended Complaint

September 15, 2020

Nespresso USA, Inc. runs a chain of stores that sell coffee and related items, such as coffee and espresso machines and coffee pods. It is related to Nestle USA, Inc., which is also a defendant in this case. The complaint for this class action alleges that the company violates California labor laws, denying non-exempt workers wages they’ve earned, including premium and overtime pay, not providing proper meal and rest breaks, and requiring off-the-clock work.

Nespresso USA Overtime and Breaks California Labor Law First Amended Complaint
Tags: Employment Violations, Failure to Allow for/Figure in Break Time, Improper Calculation of Overtime Rates, Not Paid for All Hours Worked