San Francisco’s Bi-Rite Grocery Chain Sued Over Alleged Wage Violations

Wage theft remains a serious issue in California workplaces across various industries, leaving employees without the pay they have rightfully earned. Many workers depend on their wages to cover rent, groceries and other essentials, making it all the more frustrating when employers fail to follow labor laws. One recent case involving a San Francisco-based grocery chain underscores how wage violations can occur even in well-regarded businesses. 

A class action lawsuit filed in San Francisco County Superior Court accuses Bi-Rite of failing to properly compensate employees for overtime work, violating meal and rest break laws and rounding employee time in a way that resulted in lost wages. The lawsuit, led by former Bi-Rite employee Connor Brown, alleges that the company engaged in a “pattern and practice of wage abuse” against workers.

Brown worked as a cashier and stocker at Bi-Rite from 2019 to 2023. He claimed that he and other employees regularly worked more than 40 hours per week but did not receive proper overtime pay. Additionally, they were required to work off the clock and were not provided meal or rest breaks during their shifts.

Bi-Rite runs three grocery stores in San Francisco and an ice creamery in the Mission District. The class action covers current and former hourly and non-exempt workers employed at the grocery chain up to four years before the lawsuit’s filing date.

One of the key allegations in the lawsuit is Bi-Rite’s policy of “rounding employee time,” which may have systematically underpaid workers for their actual hours worked. Under California law, time rounding is legal only under specific conditions. It must be neutral and not consistently disadvantage employees. If an employer’s rounding practice results in workers regularly losing earned wages, it can violate labor laws. The lawsuit claims that Bi-Rite’s time-keeping approach resulted in unpaid wages for its workers over several years.

Under California law, non-exempt employees must be paid time and a half for any hours worked beyond eight in a day or 40 in a week. The rate is double time for hours exceeding 12 in a single day. Additionally, it is illegal for employers to require employees to work off the clock without pay. Any work performed, even if not formally recorded, must be paid.

Another issue plaintiff Brown raised in the lawsuit is the lack of accurate wage statements. When employees are not provided with clear and complete pay records, it becomes difficult for them to determine whether they have been fully compensated. California labor law requires that employers give employees itemized wage statements showing total hours worked, pay rates and deductions. Inaccurate or incomplete wage statements can make it challenging for workers to recognize wage theft and advocate for themselves.

This case is part of a larger pattern seen in many workplaces where hourly employees are expected to put in extra time without receiving the wages to which they are legally entitled. Wage violations can take various forms, from unpaid overtime to unlawful payroll deductions or employers pressuring workers to perform job duties off the clock. Employees may also face retaliation if they question their pay or try to assert their rights under labor laws. These tactics can discourage workers from speaking up and allow wage theft to persist undetected.

If an employer is found to have committed wage theft, workers may be entitled to recover unpaid wages, penalties and other damages. Workers who suspect they are not being paid correctly can take steps to protect themselves. Keeping detailed records of hours worked, reviewing pay stubs carefully and understanding California labor laws can help employees identify potential wage violations. Additionally, consulting an experienced employment lawyer can provide valuable legal guidance on what steps to take.

If you believe you have been subjected to wage theft, unpaid overtime or other workplace violations, McCormack Law Firm can provide the legal representation needed to recover the wages you are owed. While we are not involved with the class action lawsuit against Bi-Rite, our San Francisco employment lawyers are ready to help you hold your employer accountable. Contact us today for a free initial consultation.