Nike Store Employee Overtime Class Action Lawsuit

A former employee of the San Francisco NikeTown store has filed a class action lawsuit against Nike (NASDAQ: NKE) claiming he and other employees nationwide were forced to work off the clock and were stiffed out of overtime pay.

 

Plaintiff Webster Proctor alleges in the Nike overtime class action lawsuit that Nike violated the Federal Fair Labor Standards Act by requiring its hourly NikeTown sales associates to work off the clock and refusing to pay wages or overtime for these hours worked.

 

According to the Nike employee class action lawsuit, NikeTown employees “are consistently deprived of uninterrupted rest and meal periods” and “are rarely able or allowed to take two rest breaks during their eight hour shifts,” as required by law. The Nike class action lawsuit also claims employees were required to work “off the clock” both before and after their shifts because they were not allowed to clock in until after they had put on their uniforms in the locker room, and because they were required to clock out before going back to the locker room to change out of their uniforms after their shift ended. Employees were also subjected to “off the clock” searches every time they left the store location for meal breaks or after their shift ended.

 

The Nike overtime class action lawsuit is brought on behalf of all Nike employees who worked as sales associates, or any other non-exempt job position, at a U.S. Nike store who were subject to Nike’s policy of searching employees upon exiting the store from December 28, 2008 to the present. It is also brought on behalf of a separate class of all California Nike store employees subject to the same policy from December 28, 2007 to the present.

 

The Nike store employee class action lawsuit is seeking class certification, damages, restitution and penalties for failure to compensate employees for all hours worked, failure to pay overtime, failure to provide meal and rest periods, failure to furnish accurate wage statements, failure to maintain employee time records, and unfair competition.

 

A copy of the Nike Store Employee Overtime Class Action Lawsuit can be read here.

 

The case is Webster Proctor v. Nike Retail Services, Nike USA, Inc., and Nike, Inc., Case No. 11-cv-6711, U.S. District Court, Northern District of California.