Karina Basso  |  August 11, 2014

Category: Labor & Employment

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GapThe Gap Inc.’s motion to dismiss an unpaid overtime class action lawsuit was denied by U.S. District Judge Vince Chhabria last week. The Gap unpaid overtime class action lawsuit alleges that the popular clothing retailer forced Gap staff members to work beyond their required work hours without compensation.

The Gap unpaid overtime class action lawsuit was originally filed in California federal court by former Gap employee plaintiff Tiffany Ino, who alleges the company violated the Fair Labor Standards Act (FLSA).

In the Gap unpaid overtime class action lawsuit, Ino seeks to represent a Class of current and former Gap employees who were allegedly forced to work off the clock, thus violating federal labor laws. Ino’s allegations that employees’ time spent finding and opening Gap company lockers, storing belongings, and looking over schedules should be compensated by Gap was denied. According to a previous Third Circuit panel ruling, employees cannot seek monetary compensation for these work activities.

However, the remaining allegations of Ino still stand, according to the court’s decision. The overtime class action lawsuit claims that Gap allegedly required employees to remain on-call, spend time undergoing security bag checks, and assisting customers off the clock without compensation for any of these work-related activities. Because of the legal backing for these allegations, Chhabria has let Ino’s unpaid overtime class action lawsuit stand and denied Gap’s motion for dismissal.

The Gap Unpaid Overtime Class Action Lawsuit is Tiffany Ino v. The Gap Inc., Case No. 14-cv-00292-VC, in the U.S. District Court Northern District of California.

Fair Labor Standards Act

The FLSA was enacted to protect workers’ rights to fair pay and to protect employees from potential abuse from employers. In the Gap unpaid overtime class action lawsuit, Ino and her legal representatives allege that Gap violated several federal labor codes, including Sections 207 of the FLSA. That section requires that, unless otherwise specified and agreed upon, an employer cannot force an employee to work beyond the maximum number of 40 hours a week. If an employee does work over those 40 hours per week, they must be paid 1.5 times their regular pay for each hour worked beyond the maximum 40 hour week.

Join a Free Unpaid Overtime, Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone. See if you qualify to take legal action now.

 

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