A 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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