Settled and Closed - Cortez v. United Natural Foods, Inc., et al.

This class action lawsuit alleges wrongful conduct by Defendants, United Natural Foods, Inc. and United Natural Foods West, Inc. (“UNFI” or “Defendants”). On behalf of themselves, and all other similarly situated delivery drivers and non-exempt employees, Plaintiffs allege: UNFI has in place a uniform and consistent policy and/or practice of not reimbursing Plaintiffs and other non-exempt employees for necessary business costs incurred during their employment; has in place a uniform and consistent policy and/or practice of not paying Plaintiff Cortez, and other similarly situated delivery drivers, for all hours worked; has in place a uniform and consistent policy and/or practice of requiring Plaintiffs, and similarly situated non-exempt employees, to work through meal periods and work more than five (5) hours without a meal period; has in place a uniform and consistent policy and/or practice of requiring Plaintiffs and similarly situated non-exempt employees, to work through meal periods and work more than five (5) hours without a meal period and failing to pay employees; has in place a uniform and consistent policy and/or practice of requiring Plaintiffs and similarly situated non-exempt employees, to work through meal periods and work more than ten (10) hours without a second meal period and failing to pay employees; has in place a uniform and consistent policy and/or practice of requiring Plaintiffs and similarly situated non-exempt employees, to work through rest periods and work more than four hours, without a 10 minute rest period; has in place a uniform and consistent policy and/or practice of failing to maintain accurate time records showing hourly compensation, when Plaintiffs, and similarly situated non-exempt employees, began and ended each work day, meal periods taken, and total daily hours worked; has in place a uniform and consistent policy and/or practice of willfully failing to provide Plaintiffs, and similarly situated non-exempt employees, with accurate itemized wage statements; has in place a uniform and consistent policy and/or practice of willfully failing to timely pay wages owed to Plaintiffs, and similarly situated non-exempt employees, whose employment ceased; failing to timely pay all the wages owed to Plaintiffs, and similarly situated non-exempt employees, engaged in false, unfair, fraudulent and deceptive business practices; has in place a uniform and consistent policy and/or practice of not including bonuses when calculating the regular rate of pay for purposes of overtime calculations.

The parties were able to reach a settlement of all claims in this matter as well as in the related case of Cooksey v. UNFI.

On February 6, 2021, the Court granted final approval of the Settlement and this case is now closed.