Macy’s Hit With Class Action Over Unpaid Overtime

Macy’s was hit with an unpaid wages class action lawsuit filed by former employees who allege the retailer did not pay them overtime that they believe they are owed.

According to the wage and hour class action lawsuit, Macy’s failed to adhere to California’s overtime law, which included paying the employees the state minimum wage rate and the appropriate overtime rate. This unpaid overtime class action lawsuit was recently moved to a California federal court, which was initially filed in a state court at the end of January.

Lead plaintiff Yulie Narez claims that the company practiced “systemic illegal employment practices,” in which the company withheld unpaid wages for mandatory security checks of their bags before meal breaks and after their shifts ended.

Narez also claimed the company failed to pay employees who worked five hours or longer a 30-minute meal break, as well as 10-minute rest breaks for every three and half hours of work.

Narez worked at Macy’s from November 2013 to July 2015 and claims that the company had violated California overtime law and deliberately withheld unpaid wages.

Macy’s moved to have the case transferred to federal court due to the fact that the amount in question could be more than $5 million.

The plaintiffs’ labor lawyers state that Macy’s failure to comply with these minimum wage policies, has caused the employees to lose overtime pay and receive inaccurate wage statements. In addition, Yulie alleges that by withholding these unpaid wages, Macy’s benefited from unjust enrichment.

“Plaintiff is informed and believes… that defendants had a consistent and uniform policy, practice and procedure of willfully failing to comply with [labor laws]. Defendants… have acted intentionally and with deliberate indifference and conscious disregard to the rights of all employees in receiving minimum wages and overtime wages for all hours worked,” the unpaid wages class action lawsuit says.

Overview of California Overtime Law

Currently, California overtime law requires employers to pay overtime to employees who work over eight hours in a single day or 40 hours per week. The overtime rate must be 1.5 times the rate of the state’s minimum wage rate of $9.00 and must be paid to all employees unless if exempt under state law.

Furthermore, California employment law also allows all nonexempt employees who work over five hours a 30-minute lunch break, 10-minute breaks every four hours, and a second 30-minute meal break if the employee works over 10 hours.

Labor lawyers encourage all citizens to be aware of their employment rights, especially those who work on minimum wage salaries.

Narez’s unpaid wage lawsuit is similar to another wage and hour class action lawsuit Macy’s faced in 2011, when a California employee had attempted to certify a class of 84,000 workers who had allegedly suffered unpaid wages. This case was sent to mediation in 2014.

Yulie is currently seeking class action certification to include current and former Macy’s employees, who were employed after January 2011. She is asking for an unspecified amount of damages and penalties, along with payment for all legal fees.

The Macy’s California Wage and Hour Class Action Lawsuit is Yulie Narez v. Macy’s West Stores, Inc., Case No. 5:16-cv-00936, in the U.S. District Court for the Northern District of California.

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