On November 10, 2022 Steffans Legal filed a wage and hour class action against Ocean Spray Cranberries, Inc. in Massachusetts federal court on behalf of employees in Massachusetts, Pennsylvania, Nevada, Wisconsin, Washington, and Texas. In this action, we allege that Ocean Spray violated state and federal law in two respects.

First, we allege that Ocean Spray violated M.G.L. ch. 149 s 148 (the Massachusetts Wage Act) by not paying its employees for time spent putting on (donning) and taking off (doffing) personal protective equipment (PPE). We allege this time must be paid because Ocean Spray required that the activity be done at the worksite and because it was integral to the employees’ principal activity. 454 C.M.R. 27.02. Failure to pay for this time also violated M.G.L. ch. 151 s 1A (the Massachusetts Overtime Act) and 29 U.S.C. s. 207 (the Fair Labor Standards Act) during weeks in which the employees worked more than forty hours.

Second, we allege that Ocean Spray violated the Massachusetts Overtime Act and the Fair Labor Standards Act by not factoring in shift premiums into the calculation of overtime rates.

If you are a current or former employee at Ocean Spray, or you have general questions as to the legality of wage and hour policies, contact us today to schedule a free consultation with an employment lawyer.