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A Dollar Tree wage and hour lawsuit claims the popular discount chain has been short-changing its employees by using an unfair time clock system.
This Dollar Tree wage and hour lawsuit is seeking to certify a Class of hundreds of Dollar Tree distribution center employees who claim that they have been shortchanged on pay and that the company’s system of clocking meal and rest breaks is unfair and cheats them of time that should be spent for break time.
Recently, a California judge granted class certification to this group, even after defendant Dollar Tree Inc. expressed its opposition to the certification for this Dollar Tree wage and hour lawsuit. U.S. District Judge Morrison C. England told Law360 that Dollar Tree’s issue with the certification are “beyond the scope of whether a class action is indicated for the purposes of certification.”
Dollar Tree employee Terry S. originally filed this Dollar Tree wage and hour lawsuit. He is employed at Dollar Tree’s Stockton, Calif. distribution center.
He claims that Dollar Tree’s time clock rules ensured that workers received a shorter break than should be allowed them by law. Additionally, because of long lines while waiting to clock in or clock out, workers were cheated from pay they should have received, Terry says.
The company has a rule that a worker may not clock in more than seven minutes in advance of a shift or clock out more than seven minutes after a shift end. Because of this, there are long lines of employees waiting to clock in or clock out. Also, Dollar Tree allegedly has a practice of rounding down to the nearest 15 minutes. Because of this, Terry says, he and other members of this Class have been cheated out of pay that was due them.
Dollar Tree Claims
In his ruling, the Judge wrote, “Dollar Tree also claims that the actual work does not resume until several minutes after a shift is scheduled to begin, and that no employees have been subject to discipline for clocking in precisely at the start of the shift, or within five minutes thereafter.”
This Dollar Tree wage and hour lawsuit also claims the company has set up its bonus program so that bonus compensation won’t be taken into consideration in determining overtime wages. In essence, the plaintiff claims that instead of giving workers proper overtime pay as is required by law, Dollar Tree pays them a nondiscretionary bonus.
Dollar Tree claims that their bonus pay is discretionary and not always awarded. Because of this, it should not be included in the regular rate of pay.
Dollar Tree says that their workers are treated fairly when it comes to rest breaks and meal breaks. In fact, they claim, the production line is stopped for over 30 minutes for lunch breaks, which is more than the mandated time.
But plaintiffs don’t agree that policies are fair. Their Dollar Tree lawsuit alleges violations of the Fair Labor Standards Act because Dollar Tree has not paid minimum wage, paid overtime or provided the required rest and meal breaks.
This Dollar Tree Wage and Hour Lawsuit is Case No. 2:15-cv-00878, in the U.S. District Court for the Eastern District of California.
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29 thoughts onDollar Tree Wage and Hour Lawsuit Claims Unfair Time Clock System
Ive been employed for a little longer than 2 years and deal with the same issues to a tee
Ok I also worked for dollar tree in ga and let me tell you I traveled for them 3 times over 40 miles one way and back and received no pay as I was promised to get paid for the trips so I then refused to travel and they corner me up after having me train my replacement and not telling me anything about it first hem me up and say they have proof I was voiding off things to keep money which is a total lie. They said they had been watching for months why wait till I wouldn’t travel to say something if they had all that and why am I the only one that was let go when I know for a fact of employees that are there today steeling. They gave me my last check but tell me I have to contact ap for my milage pay but ap didn’t promise me pay my DM did and I shouldn’t have to hunt down my money.
I’ve worked for Dollar Tree for 6 years, and I mostly didn’t hate it, the store I worked at in Michigan was nice, with good people, there were never any real issues. Then This year I suddenly needed to move, so I transferred to a new store location. Oh mercy… I have had nothing but problems since the transfer began. In addition to several health and safety problems, and security issues, I have also experience wage theft. In the form of being scheduled in earlier than opening managers, and not having time adjustments, and the few that I filled out myself have vanished. There is frequent schedule manipulation, and even claims that there were days I was late or just didn’t show up, which is not true at all, and I can prove it with my debit card transactions in adjacent businesses while i was waiting for a key-holder to show up. Retrieval of punches and time sheets is limited to very little from the compass system (in my case can only retrieve as far back at the beginning of september) but this has been going on since the transfer back in may, a period of 4 months that I cannot prove using the methods available to associates. Paymail ignores you as well when you request them. No response from corporate. It wasn’t until I brought department of labor into it that they finally acknowledged me. Stating they could only find 2 hours and some change of time i not paid. less than half of my shift, meanwhile i’ve been out of work because of it and covid related problems. and I can prove the 2 hours and a few minutes (what appears up to the beginning of sept) using their compass system, so what about the rest of it going back to may? They also claimed they do not have access to my email addresss, which is funny- as I have always been a paperless employee… which is how they send my W-2’s to me… They are also badgering me to return to work, because they want it to appear that i have agreed to accept their insulting 2 hours of pay, that isn’t even accurate to what I can actually prove. And I also cannot collect unemployment? This is garbage.
Did anyone receive a settlement yet?
No
I signed paperwork to receive my claim and was told I would hear from them soon as it was mailed. I haven’t heard anything since. What is taking so long.???
I have worked for Dollar Tree for almost 5 years, last year I would show up on time at 3 a.m., to unload truck. Only to get a call from my Freight manager, that he needed me to pick him up. So, 20 minutes to go get him and back, for a total of 40 minutes. Not to mention to take him home after the shift. So I didn’t get to start my shift for 40 minutes yet did not get compensated for that. This went on all last winter. 40 minutes taken out of every shift all winter long and not to be paid for it, I don’t know what I’m supposed to do. I engaged into the lawsuit that was going on for unpaid wages and have heard nothing back. If I hadn’t picked up the manager, I’ve been sitting in the parking lot for a whole shift doing nothing.
I am a plaintiff in the Dollar tree class action lawsuit. I have signed agreements with a law firm and have heard nothing from them. What is going on???