Sommers Schwartz attorneys Matthew Turner and Alana Karbal are in the process of filing for arbitration on behalf of 31 Cresco Labs, LLC cultivation workers. They claim Cresco failed to compensate them in violation of federal and state labor laws.

According to the allegations, Cresco Labs forced “cultivation employees” — including cultivation agents, edible agents, gardening agents, kitchen agents, manufacturing agents, packaging agents, and processing agents — to arrive early to undergo mandatory health screenings. The company also required them to put on (“don”) company-issued personal protective equipment (“PPE”), such as masks, hair nets, arm sleeves, gloves, scrubs, and protective shoes. At the end of the day, the employees had to take off (“doff”) this same equipment. 

The time the employees spent undergoing health screenings and donning and doffing the PPE was off-the-clock and often pushed their hours beyond 40 hours per week, entitling them to overtime pay. By failing to compensate them for performing these tasks, the employees claim Cresco Labs violated the Fair Labor Standards Act, the Illinois Minimum Wage Law, and the Illinois Wage Payment and Collection Act.

Sommers Schwartz’s Unpaid Wages and Overtime Litigation Group represents the Cresco cultivation employees in their wage theft arbitration actions. As reported on Law360 article (subscription required), the claims were originally initiated in a class action lawsuit with two named plaintiffs but were later dropped in favor of pursuing remedies in arbitration.

If you have worked as a cultivation employee at Cresco Labs, LLC, and have had to don and doff PPE, undergo required health screenings, or perform other off-the-clock work without pay, you may have a viable claim for damages. Contact us today to schedule a free and confidential consultation to discuss your situation.

To learn more about donning and doffing claims, Matt Turner explains the law in this video: