A class action lawsuit has been filed against Whole Foods in the Eastern District of New York by a former employee who claims the national chain failed to pay him and his fellow manual workers in a timely manner under New York law. He claims he was paid bi-weekly, when manual laborers must be paid weekly in NY.
Derell J. Meynard worked for Whole Foods between June 2010 and July 2013, according to the complaint. He states that because 25 percent of his work time involved physical labor, he was a manual worker. New York law requires that manual workers be paid “on a weekly basis and not later than seven calendar days after the end of the week in which the wages were earned,” unless the employer receives authorization from the commissioner of labor for another arrangement.
Whole Foods paid Meynard on a bi-weekly basis from December 11 to April 2012, despite being aware of its obligation to make weekly payments, according to the complaint. Meynard alleges Whole Foods had not received authorization for the bi-weekly payment scheme, the complaint states.
Believing Whole Foods employed approximately 3,300 workers in New York during that same period of time, many of whom were also manual workers, Meynard seeks class action status to include them in his suit.
Meynard is represented by Steven John Moser of Glen Cove, New York.
Whole Foods did not return a message requesting comment.