Gym Employee Files Claim for Unpaid Wages and Overtime

A proposed class action wage and hour lawsuit has been filed against the parent company of New York Sports Clubs, seeking unpaid wages and overtime.

This potential class action wage and hour lawsuit is being filed by gym employee Mamadou B., stating he and at least 100 other employees are owed unpaid wages and overtime compensation.

The named defendant in Mamadou’s potential class action wage and hour lawsuit is Town Sports International, which operates New York Sports Clubs throughout New York City.

Mamadou argues that he and other employees involved in the potential class action wage and hour lawsuit are non-exempt minimum wage employees, which are entitled to the protections and benefits guaranteed under the federal Fair Labor Standards Act.

Mamadou alleges Town Sports International would regularly force employees to work over 40 hours a week, without paying them overtime rates. He further challenges Town Sports International’s alleged practice of deducting one hour of pay for meal breaks that he claims were often only 15 minutes long or less.

Mamadou argues he should have been classified as a “manual worker” under New York law. Employees meeting that qualification must be paid weekly if they spend at least 25 percent of their work time doing physical tasks. Mamadou says he was required to perform a variety of manual and physical occupational duties around the gym. These duties included handing out brochures and carrying equipment.

Mamadou alleges these employment policies violate both federal and New York labor laws, including how he and other employees suffered unpaid wages and overtime.

Overview of FLSA Minimum Wage Laws

Unpaid wages and overtime are serious concerns to minimum wage employees across the United States, with companies allegedly violating the Fair Labor Standards Act (FLSA).

Under the FLSA, non-exempt employees must be paid an hourly rate of at least $7.25. These employees are entitled to one and one-half times their regular hourly rate for hours worked in excess of 40 in a single week.

Employees may be exempt from these requirements, but only if they meet certain criteria such as making a yearly salary over a certain amount or holding managerial authority over other employees.

In addition to the overtime and minimum wage protections, employees are guaranteed 30 minute meal breaks every five hours and a 10 minute break every four hours. During the 30 minute meal break, the employee must not perform any occupational duties and must be able to leave the premises.

Even with these federal provisions in place, Mamadou states he and proposed Class Members are still owed unpaid wages and overtime.

Mamadou states he has not been paid full wages since beginning his employment at the company in January, and that the gym’s wage statements do not properly reflect the number of hours worked. The potential class action wage and hour lawsuit is seeking to recover all damages for unpaid wages and overtime, along with other relevant damages and litigation costs.

This Unpaid Wages and Overtime Class Action Lawsuit is Case No. 1:18-cv-01467, in the U.S. District Court for the Southern District of New York.

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