The Notice is to inform you of the existence of a collective action lawsuit filed against Defendant Curaleaf Holdings, Inc. In addition, the Notice serves to inform you of your ability to join the lawsuit as a plaintiff, advise you of how your rights may be affected by this suit, and to instruct you on the procedure for joining this lawsuit, should you choose to do so.

The Plaintiffs are all former Store Associates (a/k/a “product specialists” and colloquially “budtenders”) employed by Curaleaf at its Northbrook, Illinois (Plaintiff Morgan Heller), Skokie, Illinois (Plaintiff Grace Baffoe), Oxford, Massachusetts (Joshua Flavin), and Midtown, Arizona (Nicholas Fredrickson) retail dispensaries. Plaintiffs filed this suit on behalf of themselves and those similarly situated to them: other hourly retail employees, who worked for Curaleaf at any Illinois, Arizona, or Massachusetts retail dispensary for any period of time between March 28, 2019 and February 1, 2022.

The Fair Labor Standards Act (“FLSA”) requires that tips are the property of employees and prohibits employers from keeping some or all of the tips received by employees for any purpose. Plaintiffs allege Curaleaf violated the FLSA by failing to pay employees some or all of their earned tips, due to tips being either confiscated, spent, or involuntarily donated to charity, depending upon the dispensary. Plaintiffs also allege that in some instances Curaleaf violated the FLSA by operating an illegal tip pool such that employees were not paid all their tips earned and owed under the FLSA. Plaintiffs seek actual damages, liquidated damages, attorneys’ fees, and costs/expenses. No trial date has yet been set in this case.

A collective action is similar to a class action in that the goal of the plaintiffs is to address a widespread issue affecting multiple individuals in an efficient manner. A key difference is that in a collective action, individuals must actively choose to join the lawsuit (opt-in), whereas in a class action, individuals are automatically included in the lawsuit unless they choose to remove themselves (opt-out).

If you worked at an Illinois, Arizona, or Massachusetts Curaleaf dispensary as an hourly employee for any period of time between March 28, 2019 and February 1, 2022, you have a right to join, or “opt-in,” to this lawsuit. To do so you must complete the Consent to Become a Party Plaintiff form (the “Consent Form”) and submit it to the Plaintiffs’ attorney via one of the following methods:

1. Mailing or delivering the Consent Form to the following address:

Heller vs. Curaleaf
c/o JND Legal Administration
P.O. Box 91398
Seattle, Washington 98111

OR

2. Completing and submitting the Consent Form electronically.

OR

3. Emailing the Consent Form to: info@curaleaflawsuit.com.

Your completed and signed Consent Form should be sent and completed via one of the methods above in sufficient time to have Plaintiffs’ attorney file it with the federal court on or before January 22, 2025, or you may not be able to participate in this lawsuit.

If you choose to complete and submit the Consent Form you will become an “Opt-In Plaintiff” to this lawsuit. You will, subsequently be bound by any judgment in this lawsuit, whether it is favorable or unfavorable, should the Court ultimately find that Plaintiffs and Opt-In Plaintiffs are, in fact, “similarly situated” in accordance with federal law. As an Opt-In Plaintiff, you may be required to participate in this lawsuit.

In accordance with federal laws and the Federal Rules of Civil Procedure, the Parties have agreed to limited opt-in discovery As an Opt-In Plaintiff, you may be required to participate in this lawsuit including, in certain cases, responding to written discovery requests (in which you would respond to questions issued by the Parties) or participating in depositions (in which case you would attend a meeting with the Parties’ attorneys and answer a series of questions).

While completing the Consent Form renders you an Opt-In Plaintiff, the completion and submission of the Consent Form does not entitle you to any relief. This matter has not been set for trial, Curaleaf has not been found liable of anything at this time, and your continued right to participate in this lawsuit may depend on a later decision by the District Court.

Federal law prohibits Curaleaf from discharging you from your employment, taking any other adverse employment action against you because you have exercised your legal right to join this lawsuit or because you have otherwise exercised your rights under the Fair Labor Standards Act.

Plaintiffs’ attorneys, THE GARFINKEL GROUP, LLC will represent you if you submit a completed Consent Form. As your attorneys, THE GARFINKEL GROUP, LLC will be entitled to receive the payment of attorneys’ fees and costs from Curaleaf if there is ultimately a recovery or judgment found in your favor. If there is no recovery or judgment in your favor, you will not be responsible for any attorneys’ fees or costs.