Warby Parker Employee Files Wage and Hour Class Action Lawsuit

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In a recently filed California class action complaint, a Warby Parker employee from Santa Clara County alleges numerous labor law violations.

The Case: Robert Chery v. Warby Parker

The Court: Santa Clara County Superior Court of the State of California

The Case No.: 21CV414694

The Plaintiff: Robert Chery v. Warby Parker

The plaintiff in the case, Robert Chery, was an employee of Warby Parker in the county of Santa Clara. Warby Parker employed Chery as a non-exempt employee as of December 2019. Chery filed the class action lawsuit on behalf of himself and qualifying class members citing numerous labor law violations.

Allegations: Robert Chery v. Warby Parker

  • Unfair Competition

  • Failure to pay minimum wage

  • Failure to pay overtime wages

  • Failure to provide legally required breaks and meal periods

  • Failure to provide wages when due

  • Failure to provide accurate ittemized wage statements

  • Failure to reimburse employees for required work expenses

The Defendant: Robert Chery v. Warby Parker

The defendant in the case, Warby Parker, is a Delaware corporation conducting business in California. The defendant is a retailer of prescription eyeglasses, contact lenses, and sunglasses with locations throughout California.

The Case: Robert Chery v. Warby Parker

According to the court documents in Robert Chery v. Warby Parker, Chery filed the California class action alleging the company failed to provide meal periods and rest breaks for employees. The case is currently pending in Santa Clara County Superior Court. The plaintiff claims that a rigorous work schedule meant that employees were unable to take off duty meal breaks, and during meal periods that should have been off the clock, employees were allegedly not fully relieved of their work duties. According to Chery, the company would interrupt the employees during off-duty meal breaks so they could complete job-related tasks. According to teh plaintiff, employees were expected to work over 5 hours in one work shift without being provided an off-duty meal break. Additionally, the plaintiff alleges that Warby Parker did not provide a second off-duty meal break when employees completed shifts reaching 10 hours. Warby Parker allegedly expected workers to be on call and essentially on duty during their off-duty meal breaks. While employees allegedly forfeited their meal breaks, they were not provided additional compensation as company policy indicates they should.

If you have questions about how to file a California wage and hour class action, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wage and hour attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.