TJ Maxx, Marshalls, HomegoodsA class action lawsuit filed by two former assistant managers of Marshalls accuses TJX Cos. of violating the Fair Labor Standards Act by failing to compensate them for overtime. TJX owns several department stores, including T.J. Maxx, Marshalls and Homegoods.

The two assistant managers, Celina Roberts of Texas and Anthony Sciotto of New York, say that TJX and its entities violated federal and state laws by “engaging in a systematic scheme of failing to compensate” them and other similarly situated employees for their “statutorily required overtime pay.”

According to the class action lawsuit, forced overtime without pay is a common practice at stores owned by TJX, and employees are discouraged from asking about overtime pay.

Sciotto claims that he was required to work for at least 50 to 70 hours per week but was not paid for the extra hours. He also accuses the company of not keeping accurate records of his hours worked.

Meanwhile, Roberts said she worked for about 60 to 70 hours per week and had to report for work for six to seven days per week. Her work was “largely unrelated to the management of the store,” the unpaid overtime lawsuit alleges. She would, on a daily basis, stock merchandise, clean, work the register, unload delivery trucks, and perform other duties, she alleges.

“Rather than increase staff or hours worked by non-exempt employees in order to assure the proper functioning of a store, upper management required assistant store managers to work longer hours and fulfill tasks expected of hourly employees,” the class action lawsuit states. “As a result, assistant store managers have worked excessive amounts of overtime hours in order to perform the duties of hourly positions.”

The unpaid overtime lawsuit is asking the court to require TJX to submit a list of all assistant managers employed nationwide from 2011 to present. They are also asking the court to grant them compensation for unpaid overtime hours worked and to bar TJX from requiring assistant store managers to work more than 40 hours per week unless they are paid for overtime.

The TJX Overtime Class Action Lawsuit is Roberts, et al. v. TJX Companies Inc., Case No. 13-cv-172, Texas Southern District Court.

Help for Victims of Wage & Hour Violations

Going up against a large corporation for wage and hour violations can be daunting, but banding together with other victims through a class action lawsuit can save you time, money and resources. If you were forced to work overtime or off the clock without overtime pay, were denied meal breaks, were paid less than minimum wage or suffered some other wage and hour violation, you may have the right to seek back pay and penalties from your current or former employer. Don’t delay though: the statute of limitations under the FLSA is 2 to 3 years, depending on the state. Find out if you qualify by filling out the short form at the Wage & Hour, Overtime Pay Class Action Lawsuit Investigation.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.



  • globug July 16, 2014

    My view from my personal experience:

    This company has cut hours for hourly employees to the bone, so much so that the stores do not operate efficiently. Full time = 30 hours or more, much closer to 30. Overtime for hourly employees is extremely rare. Often an employee has to do the work of 2 and even 3 people because of understaffing, and that means that the required work does not get done or is done poorly. I can understand why managers may have to work overtime to keep the stores afloat. The stores are not given the payroll they need to keep the stores operating properly.

    • Anonymous Associate December 3, 2014

      I starting working at a new Home Goods store that opened in my area. They advertised “Hiring” at the mall and with agencies that help homeless, people on welfare and unemployed people find work. I had been out of work for a while and as a single mom was desperate so when HG said they could only pay minimum wage I accepted. I was with a large team that helped prepare the store for opening. We worked extremely hard unloaded trucks, putting up shelves, organizing merchandise, etc. The managers made sure that you did seldom worked more than 5 hours. I was written up each time I went 5 minutes longer than my fifth hour without a break. They wanted to make sure that you never received 8 hours of work for fear you would get overtime pay. Most employees complain that they are only scheduled for work 3-4 hours per day. These poor people are commuting on a bus from an hour away paying for bus fair and only making $9 ph for 4 hours. It’s heartbreaking. They have asked for more hours and have been denied.

      A few selected people have been given the promotion as a Coordinator which means more responsibility for a $2 ph raise. Those coordinators are in charge of a minimum of 6 departments which is impossible to maintain in less than 8 hours per day. The store is a mess, merchandise thrown wherever someone can find space because the people who shelve the merchandise are timed so they are in a rush to put it out. Nobody knows where anything belongs because they were never trained so it’s all thrown around in a rush. The responsibility is on the coordinator to reorganize the mess. Most coordinators have given up trying to maintain their departments. They claim that the customers are only going to mess it up again so why bother.

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