Dutch Bros Coffee Employee Misclassification Investigation

Migliaccio & Rathod LLP is investigating whether Dutch Bros Coffee improperly classifies certain assistant management employees as exempt from overtime requirements under federal and state wage laws.

Current and former employees report that Assistant Managers and Managers-in-Training (“MITs”) frequently spend the majority of their workweeks performing non-managerial labor, including preparing drinks, operating registers, cleaning, handling trash runs, restocking supplies, and covering standard barista shifts. Dutch Bros employees also report long hours, limited staffing support, and relatively little authority over broader operational decisions.

Although employers sometimes classify assistant managers as exempt executives, courts examine the employee’s actual day-to-day responsibilities rather than job titles alone. Employees whose primary duties consist of manual labor or routine operational tasks may still qualify for overtime protections under the FLSA and state wage laws.

Potentially Affected Positions

Potentially impacted positions may include:

  • Assistant Manager
  • Assistant Stand Manager
  • Manager-in-Training (MIT)
  • Operations Lead
  • Shift Lead positions treated as exempt
  • Coffee Shop Manager trainees

Alleged Common Practices

Dutch Bros employees have reported:

  • regularly working 50 to 60 hours per week;
  • spending most shifts performing the same work as hourly baristas;
  • limited discretion regarding staffing or business operations;
  • pressure to cover understaffed shifts;
  • little control over pricing, scheduling structures, or operational policy;
  • insufficient breaks during long shifts.

Arbitration Investigation

The firm is additionally investigating whether Dutch Bros requires assistant managers or MIT employees to sign arbitration agreements or class-action waivers as part of onboarding or continued employment.

Contact

If you worked for Dutch Bros Coffee in an exempt assistant-management role and were denied overtime pay despite routinely working more than 40 hours per week, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.

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