La Colombe Holdings Inc. (Hourly-Paid Production Workers)

The Defendant

La Colombe Holdings Inc. manufactures and sells coffee and related products and owns and operates coffee shops in California, Illinois, Massachusetts, New York, Pennsylvania, Texas, and Washington, D.C.

The Employees

Position(s): Hourly-paid production workers employed by Defendant.

Location(s): Anywhere in the United States.

Time Period: July 2021 through the present.

The Claims in the Lawsuit

Violations of the Fair Labor Standards Act (“FLSA”)

The Complaint alleges La Colombe Holdings Inc.:

• failed to pay hourly-paid production workers for all hours worked before their scheduled shifts, including hours worked in excess of forty (40) in a workweek;
• failed to pay hourly-paid production workers for hours worked in excess of forty (40) in a workweek at a rate of or greater than 1.5 times their regular rate of pay; and
• failed to include additional compensation hourly-paid production workers receive in addition to their base hourly wages when determining their regular rates of pay, for purposes of determining the rate to pay them for hours worked in excess of forty (40) in a workweek.

Violations of the Pennsylvania Minimum Wage Act (“PMWA”)

The Complaint alleges La Colombe Holdings Inc. failed to pay production workers’ for all hours worked in excess of forty (40) hours in a workweek at a rate of 1.5 of their regular rates of pay in violation of the PMWA.

Case Status

July 18, 2024: The case was filed in the United States District Court for the Eastern District of Pennsylvania. The case has been assigned to the Honorable Judge Harvey Bartle III.

How to Participate

To be eligible to recover unpaid wages under the FLSA as an hourly-paid employee within the last 3 years, you must complete a “Consent to Join” form, which you can obtain HERE.

There is a possibility the Court will certify the claims under the Pennsylvania Minimum Wage Act as a class action, on behalf of the following class of persons:

All hourly-paid production workers employed by Defendant in the Commonwealth of Pennsylvania at any time from three (3) years prior to the filing of this Complaint through the date of judgment.

If a class is certified, persons who fall within the class will be notified they are covered and will automatically be included in this case unless they “opt out.” If you are interested in participating in this case or have further questions, please contact our office by emailing “FLSAGroup@jtblawgroup.com or calling (877) 561-0000.

Frequently Asked Questions

Can Defendants discipline or fire me if I join the case?

No! The Fair Labor Standards Act prohibits retaliation and imposes harsh measures against employers who retaliate. For further information, please consult the Department of Labor’s Fact Sheet.

Will I have to testify or provide documentary proof?

Not necessarily. Many employees obtain monetary recoveries in Fair Labor Standards Act cases without ever having to appear at court or for depositions.

You are not required to provide documentary proof of your unpaid wages. In most cases, the employer is required to provide the employee’s payroll records to the employee and his or her attorney. In fact, the Fair Labor Standards Act mandates that employers keep accurate time and payroll records. The employer cannot escape this duty by requiring you as the employee to provide proof.

However, it is still important that you preserve any physical or electronic evidence relating to the case that you currently possession.

Will Brown, LLC be my attorneys?

Employees who sign Retainer Agreements and/or Consent to Sue forms will be represented by Brown, LLC with respect to the lawsuit and claims described above.

You will not be required to pay any attorneys’ fees or court costs to the Plaintiff’s lawyers at this time and not pay any attorneys’ fees unless you prevail. Rather, in the event the Plaintiffs prevail in the lawsuit, by either judgment or settlement, the Plaintiff’s attorneys will request that the Court order Defendant(s) to pay the Plaintiff’s lawyers their reasonable attorneys’ fees and reimburse them for any expenses.

How long will the case take?

It is very difficult to predict exactly how long a case will take. It depends on a variety of factors including the number of parties and claims involved, the rules and pace of the court, the complexity of the proofs, and the manner in which the employer defends the case.

When and if a settlement is reached, additional time is needed to prepare settlement documents, calculate settlement allocations, and seek and await the court’s review and approval of the settlement. Wage-and-hour cases typically take 2-3 years, but this can be shorter or increase considerably.