Abraham Jewett  |  February 13, 2023

Category: Labor & Employment

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Wage-and-hour class action lawsuits overview: 

  • Who: Class action lawsuits have recently been filed against Vitamin Shoppe, Lowe’s, Ford, Walmart, Amazon, Regional Express, Kimberly-Clark and Wells Fargo. 
  • Why: The complaints revolved around claims the companies failed to properly compensate their employees. 
  • Where: The wage-and-hour class action lawsuits have been filed nationwide. 

Plaintiffs have filed a number of wage-and-hour class action lawsuits recently against companies accused of failing to pay their employees correctly and of other violations. 

The class action lawsuits have been filed against companies including Ford, Walmart, Amazon, Wells Fargo and Kimberly-Clark, among others. 

Vitamin Shoppe accused of failing to pay workers their complete wages

A wage-and-hour class action lawsuit was filed against Vitamin Shoppe earlier this month by two former employees arguing the company failed to pay them their complete wages

The former workers argued Vitamin Shoppe systematically did not pay its workers properly, with the issue allegedly exacerbated by issues with “chronic understaffing.” 

“Defendant regularly requires Plaintiffs … to work during clocked out meal breaks, yet does not compensate Plaintiffs, Class and Collective Members for this off-the-clock work,” the Vitamin Shoppe class action states. 

Lowe’s failed to pay workers accurate wages, provide them uninterrupted breaks, class action says

A similar class action lawsuit was filed against Lowes this month by eight current and former workers arguing the company failed to pay its workers accurate wages and violated the law by allegedly interrupting their breaks. 

“(Lowe’s) wilfully refused to pay plaintiffs and members of the class and collective the required compensation for all hours worked and failed to keep time records as required by law,” the Lowe’s class action states. 

The current and former Lowe’s workers argue Lowe’s violated both the Fair Labor Standards Act (FLSA) and California labor laws. 

Ford accused of unlawfully asking job applicants about their family medical histories

Also this month, a class action lawsuit was filed against Ford by three employees who claim they were unlawfully asked about their family medical histories prior to being offered their positions with the automaker. 

The Ford employees argue the company violated the Illinois Genetic Information Privacy Act by asking for their family medical history and potentially using the information to make a decision about whether to hire them. 

Walmart allegedly failed to pay managers federally mandated overtime wages 

Walmart, meanwhile, had a wage-and-hour class action lawsuit filed against it earlier this month by a group of former Walmart managers arguing the company failed to pay them their federally mandated overtime wages. 

The former Walmart managers argue the multinational retail corporation denied them their “clearly established rights” by allegedly failing to pay them “no overtime premium wages whatsoever.” 

 “(Walmart) failed to adequately and lawfully compensate Plaintiffs as required by the (Fair Labor Standards Act),” the Walmart class action states.  

Amazon delivery provider accused of failing to pay drivers owed wages 

In December, a class action lawsuit was filed against Amazon delivery provider Regional Express by a consumer arguing the company failed to pay its drivers all the wages they were owed. 

The consumer behind the complaint against Regional Express incorrectly designated the drivers as hourly only, causing them to miss out on mandatory time spent working before and after their scheduled shifts. 

Regional Express was also accused of failing to compensate the worker for rest breaks and missed meals. 

Amazon Labor Union accuses company of unlawfully forcing workers to attend captive-audience meetings

Last month, meanwhile, the Amazon Labor Union filed a labor complaint on behalf of workers at an Amazon factory in Moreno, California, who argue the company forced them to attend captive-audience meetings. 

The factory workers claim Amazon broke the law by allegedly forcing them to attend the meetings — which are legal under federal labor law — that had a goal of discouraging them from organizing. 

Kimberly-Clark broke law by rounding employees’ clock-in times to nearest quarter-hour, class action says 

Kimberly-Clark, meanwhile, was hit with a class action lawsuit last month by a pair of employees arguing the company has been underpaying its workers. 

The workers claim Kimberly-Clark rounds their clocked-in times to the nearest quarter-hour, rather than paying them for the exact amount of time that they worked. 

“Upon information and belief Kimberly-Clark programmed its timekeeping software so that all punch outs between 8 and 14 minutes after a quarter-hour were always rounded to the previous quarter hour, rather than to the nearest hour,” the Kimberly-Clark class action states. 

Wells Fargo accused of misclassifying fraud investigators to avoid paying them overtime

A class action lawsuit was also filed against Wells Fargo last month by a former worker arguing the financial services company knowingly misclassified fraud investigators it employed. 

The former worker claims Wells Fargo wrongly classified fraud investigators as exempt from overtime pay, classifying them solely as salaried despite them allegedly regularly working 40 to 50 hours or more per week.

Wells Fargo is accused of violating the FLSA by allegedly wrongly classifying the fraud investigators as salaries to avoid paying them overtime wages. 

Has your employer failed to compensate you correctly? Let us know in the comments.


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