Unpaid Overtime Lawsuit Filed Against Bed Bath & Beyond

For at least four years, retailer Bed Bath & Beyond has forced its hourly, non-exempt employees in California to work “off the clock” without pay while pressuring them to do bag checks and other duties, according to a class action lawsuit filed against the store.

Since at least April 2009, the chain is accused of failing to provide its California employees meal and rest breaks and retaliating against any employee who puts in for overtime instead of working unpaid hours, according to the  California labor law unpaid overtime class action lawsuit filed this month in Los Angeles Superior court by store manager Laura Gonzales.

The 1,000+ store chain has been accused before of requiring workers to pull double shifts and put in time, off the clock, before or after scheduled shifts. California law requires that non-exempt employees receive overtime pay for more than 40 hours of work per week. Not doing so constitutes a violation of California labor laws.

During her tenure with Bed Bath & Beyond, which began in 2006, Gonzales worked as a senior manager, assistant manager, and department manager and in all three capacities was expected to work a 50-hour week, according to her California overtime pay lawsuit.

Gonzales and similarly situated California employees were forced to choose between working off the clock and not being written up or putting in for overtime and getting reprimanded, the class action lawsuit says. They were, she claims, instructed to clock out before their fifth hour of work but told to continue working anyway, as well as being required to work through lunch by ringing up customers. Bed Bath & Beyond also expected employees to make uncompensated trips to the bank and other store locations, the unpaid overtime class action lawsuit states.

Gonzales also accuses her employer of failing to pay timely wages to terminated employees – final pay in California is due within 72 hours — and failing to provide accurately itemized wage statements.

California’s overtime law requires that employees are paid one and one-half times the employee’s pay for every hour worked over eight hours in a single day or 40 hours in a single week and that they be compensated for double-pay for anything over 12 hours in a single workday.

Non-exempt employees are also entitled to a 30-minute off-duty lunch break if they work more than five hours in a workday, and 10-minute breaks for every four hours worked. A second 30-minute meal break must be provided if an employee works more than 10 hours. During the lunch break, the employee is to be relieved of all duties and must have a “reasonable opportunity” for an uninterrupted 30-minute break.

A Los Angeles Superior Court judge previously approved a settlement brought in another class action lawsuit against Bed Bath & Beyond over similar claims.

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.