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A pair of Bed Bath & Beyond employees say that the store failed to pay them weekly, as required under New York law for certain manual labor positions in a class action lawsuit filed Friday.
Lead plaintiffs, Donald Hess and Elizabeth Padilla, say in their lawsuit filed in New York federal court that the store provided only bi-weekly paychecks to those who stocked shelves and engaged in other physical labor. New York wage and hour law requires manual laborers to be paid at least weekly, claim the plaintiffs, and they seek to represent other state residents who worked in such positions with Bed Bath & Beyond who did not receive weekly pay from the store.
Hess says he worked at a Bed Bath & Beyond located in New York for more than three years. During that time, he was a sales associate and replenisher. He says that, in these positions, he spent at least one quarter if not all of his time engaging in manual work.
Padilla says that she also worked at a Bed Bath & Beyond located in the state of New York. She says that in her 14 years with the company she was employed as a floor manager, a position that required her to “load and unload bins and U-boats, assemble and install fixtures, carry items and boxes, iron and steam visuals, break open and unpack boxes, set up shelves, and place items.”
Both plaintiffs say that despite working in manual jobs, their pay from Bed Bath & Beyond was only issued bi-weekly. They seek to represent other New York Bed Bath & Beyond workers in manual jobs who did not get weekly paychecks, including:
- Sales Associates
- Replenishers
- Store Managers
The class action lawsuit alleges that New York wage and hour law requires employers, such as Bed Bath & Beyond, to pay employees engaged in manual labor at least every seven days. An employee is considered a “manual” worker if 25 percent or more of their responsibilities include physical labor.
Hess and Padilla say that manual workers at New York Bed Bath & Beyond locations have suffered more than $15 million in damages. The class action lawsuit seeks to hold the store responsible for the damages, as well as for fines under state law, along with attorney and court fees.
Do you work at a New York Bed Bath & Beyond? Do you receive weekly pay? Tell us about your experience in the comment section below!
The lead plaintiffs are represented by Steven J. Moser and Paul A. Pagano of Moser Law Firm, PC.
The Bed Bath & Beyond Worker Pay Class Action Lawsuit is Hess, et al. v. Bed Bath & Beyond, Case No. 21-cv-4099 in the U.S. District Court for the Southern District of New York.
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One thought on $15M Bed Bath & Beyond Class Action Lawsuit Filed Over Worker Pay
I worked at bed bath and beyond for about a year before quitting and a majority of what l did as a sales associate was physical labor(unpacking boxes and setting up fixtures), I would be interested in this