Old Navy Underpaid New York Workers at Least $5M, Claims Class Action Lawsuit

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Old Navy Timely Pay Class Action Lawsuit Overview:

• Who: Old Navy is being sued by current and former hourly employees.
• Why: The workers say Old Navy paid them biweekly, resulting in an unfair pay cut.
• Where: The class action lawsuit was filed on behalf of workers in New York.

Old Navy paid its hourly workers biweekly when it should have paid them weekly, resulting in workers being underpaid to the tune of millions, a new class action lawsuit alleges.

Lead plaintiff Jonelle Harris filed the wage and hour claim against Old Navy, LLC, in a New York federal court on Nov. 24, alleging violations of the state’s labor laws.

According to Harris, who worked at Old Navy as an hourly worker from 2018 to 2021, she and other workers who were paid hourly have been underpaid by the retail giant for years.

“This lawsuit seeks to recover underpayment caused by untimely wage payments and other damages for Plaintiff and similarly situated non-exempt hourly positions such as sales representatives who work or have worked for Old Navy in New York State,” the class action lawsuit alleges. 

Old Navy Bi-Weekly Pay Short-Changed Workers, Says Class Action Lawsuit

Harris says Old Navy had a practice of compensating her and all other hourly workers in New York on a bi-weekly basis.

Despite being manual workers, the retailer failed to properly pay them their wages within seven calendar days after the end of the week in which these wages were earned, in violation of New York labor laws.

“As a result of Defendant’s untimely wage payments, Harris was underpaid for the first seven days of each bi-weekly pay period, and thus Defendant paid Harris on an untimely basis,” the lawsuit states.

The class action claims the fact that Old Navy didn’t pay workers in a timely manner led to the workers being underpaid.

The amount in controversy exceeds $5 million and there are over 100 members in the proposed Class, Harris says.

She’s looking to represent anyone who worked as hourly workers for Old Navy in New York since Nov. 24, 2015.

Harris is looking to recover the underpayments caused by untimely wage payments as liquidated damages, fees, costs, and interest.

This is not the first class action lawsuit Old Navy has faced. In 2019, Old Navy was hit with a class action from customers who claimed the company sold items on sale perpetually while rarely offering the products at the advertised list price.

Have you ever been underpaid at a job? Sign up to start a class action lawsuit here! 

The plaintiff is represented by Brian S. Schaffer and Dana M. Cimera of Fitapelli & Schaffer, LLP.

The Old Navy Untimely Wages Class Action Lawsuit is Jonelle Harris v. Old Navy, LLC, Case No. 1:21-cv-09946 in the U.S. District Court for the Southern District of New York.

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