Sarah Markley  |  December 18, 2017

Category: Labor & Employment

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pay stub wage and hour overtimeA 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

  1. Marla Mohr says:

    I worked for the Dollar tree in Issaquah Washington and I only made 11:50 and they were telling me from November to February that they were going to be paying $15 an hour but never ever gave me nothing but a 50 cent raise at 12:50 and now I work not even a half mile away and make 1826 for doing the same thing that I was doing at the Dollar tree

  2. Michelle Arlene Fuller says:

    I work at dollar tree in Plaistow New Hampshire and I live in Haverhill Mass I only make $10 an hour and i work there for 7 months and I’m still work

  3. Lacey says:

    I worked there for a total of 6 months, 4 months I was the Merchandise Assistant for Manager. I was in my position for 2 weeks and our Store manager went to another store altogether. We had another assistant go into her position when I did and we were left to run a store not knowing what we were doing completely. My other assistant got overwhelmed and walked out of the leaving me to work open to close the whole week as we could not find any other manager willing to come to our store. We could not get a hold of our District manager per even get her to call us back. So I did the only thing I could do to fix things that needed to properly be fixed and only that, the assistant that left gave me her information so I could do what needed to be done. When you are working all those hours all the time you forget to get clocked in or or after a long 13 hours. When you have employees that don’t want to show, which is truly at any job, but still makes it hard when you have young children to take care of. Then when we got an assistant to come in and help we had to do our own schedules so we worked together so we could each have a weekend off, so we would do open to closed opposite weekends so I could see my kids and she could have time with her family, we in turn got yelled at for not asking if that was alright. They didn’t like all the overtime we ate pulling, but what were we supposed to do? We weren’t supposed to be in the store by ourselves just invade anything happens and I opens the store on my way home Oran and I closed the store alone multiple times just so the door could make money and was never aloud to close the door down while by myself. I was left go just before Christmas being told I stole hours, and asked how they could even prove that I was there at those times. I feel like there’s are always ways to tell when everything is being recorded. I feel it was unjust to beef let go like that after everything I had done for the store after being put in a position and just left to deal with things on my own.

  4. Gratefull says:

    It would be nice if the C E O of Dollar Tree would come and work in some of his stores, So he can Understand and feel what employees feel, like the Undercover Boss!!!!! In order to fix so many problem with Dollar Tree you have to see it first hand!! We challenge the C E O of Dollar Tree to work in some of his stores!! for a week and work not your good`s ones all your trouble ones, We challenge the C E O of Dollar Tree!

  5. Susanna gray says:

    5 minutes to the bank is actually 10 minutes. I make less than a dollar more then a cashier. Which I think is wrong for the work I have to do. I close every night but 2 nights off. I thought the other 2 assistants are suppose to share closes.

  6. Susanna says:

    Sadly it happens everywhere. I work on my breaks because we cannot have people waiting. 5 minutes to go to the bab

  7. Alisa kemper says:

    They fired me for what I think was wrong I’ve never done anything wrong I called help desk for register problems and I made a remark about register always broke down have tape it or paper clip the remark was were always Afro energyneer the dm said I would just be wrote up but instead the let me go after 14 yrs

  8. L helm says:

    Same here 10 yrs and if called while in lunch I got to go and also during breaks

  9. Tom says:

    This is still happening and happened in Illinois as well for years and was literally just changed so how do we go about including Illinois and all the DC3 associates in this lawsuit as it has not only happened in California but here in Illinois as well? I still am not receiving proper paychecks.

  10. Amanda says:

    I worked there 11 years and I never had a uninterrupted 30 or 10min break they fired me because I was starting to find out about what the store manager was up to and they used my sick time and won’t tell me why

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