WEEE! Delivery Drivers Class Action

Case name: Song, et al. v. Weee! Logistics, Inc., et al.

Case type: Wage and Hour Violations; California Private Attorneys General Act (PAGA)

Filed in: Superior Court of California, Alameda County

Docket: [Case No. 23CV029846]

Case Summary

On March 23, 2023, Sanford Heisler Sharp filed a class action lawsuit on behalf of hourly delivery drivers against WEEE! Logistics, Inc. and WEEE! Inc. (collectively, “Weee”), alleging that the Asian and Hispanic grocery distributor has engaged in numerous violations of the California Labor Code, including:

• illegally withholding portions of drivers’ earned tip compensation
• willfully misclassifying drivers as independent contractors and depriving them of the benefits of full employment
• unlawfully depriving employees of meal breaks and failing to compensate employees for time worked through such breaks
• retaliating and discriminating against drivers who made protected complaints about Weee’s unlawful business practices
• violating workplace safety regulations by exposing delivery drivers to hazardous materials without proper training or providing them with required safety equipment.

The Class Complaint was filed on behalf of Yi “Sunny” Song and Xiangyang “James” Ji, and all hourly delivery drivers in California dating back to March 4, 2018. In addition, the matter is being brought under the California Private Attorneys General Act (PAGA), wherein “aggrieved employees” may file a lawsuit on behalf of themselves and other employees for employer violations of the California Labor Code.

Weee is the largest supplier of Asian and Hispanic grocery products in North America. The Complaint alleges that despite telling customers that 100% of the tips they give go to delivery drivers, Weee misappropriated substantial portions of these earned tips, and threatened disciplinary action against those drivers who discussed the practice with customers.

The Complaint further alleges violations of California Occupational Safety and Health (Cal/OSHA) codes leading to an unsafe workplace that has caused physical harm to employees.

Weee regularly uses dry ice—a solid form of carbon dioxide—for refrigerated and frozen products sent out for delivery. At the same time, the company has failed to provide drivers with safety equipment or training in handling the hazardous material, the Complaint alleges.

Similarly, Weee uses highly reflective insulated packaging for its products that casts an intense glare under direct sunlight. In handling these packages daily, both plaintiffs have experienced pain and discomfort in their eyes that have affected their way of life and are aware of employees who have suffered similar eye strain. Despite this, Wee has failed to provide employees with eye protection, in direct violation of the California Labor Code.

The Complaint seeks a jury trial.