Ex-UES Whole Foods Worker Says Apron-Cleaning Policy Broke The Law | Upper East Side, NY Patch

2022-08-20 17:36:35 By : Ms. Cindy Wang

UPPER EAST SIDE, NY — A former worker at the Upper East Side Whole Foods Market is suing his ex-employer, saying the company broke state law by forcing him to clean his uniform off-hours.

The employee, Quentin Flowers, worked from 2019 to 2020 as a stocker in the dairy section at the Whole Foods on Third Avenue between East 87th and 88th streets, according to his lawsuit, which was filed Monday in Manhattan Supreme Court.

While his $15.50-per-hour wage was above the city's $15 minimum, Flowers says he was ultimately underpaid — since company policy required him to keep his store-issued apron and hat clean for each shift.

Despite the policy, Flowers never received any extra pay "for time spent off the clock and money spent in laundering and maintaining" the uniform, his suit says.

And while Whole Foods said it would issue replacements if the apron or hat were lost, the cost would be deducted from his pay, Flowers alleges.

Flowers was ultimately terminated from his job in March 2020, according to the lawsuit, which does not state a reason.

The lawsuit says Whole Foods's uniform-cleaning policy is in effect at all stores, violating New York labor laws by effectively paying employees less than the minimum wage.

Flowers's claim is a class-action suit, filed on behalf of other "similarly situated" employees, though no other plaintiffs are named in the court filing.

Whole Foods did not immediately respond to a request for comment.

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