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. Donna Gaydosh says:

    I worked for dollar tree for 5 years or more as a asst. manager. Then manager. I worked many more hours that I was paid for. Unloading trucks, working all night to stock. I worked 60 to 80 hrs a week . And was never compensated for any of it.

  2. Michele Silverman. Davie , Fl says:

    I started dollar tree in 2017 o work for dollar general for four and a half year and quitt after the manager they hired wanted me to take an extra 15 minutes i refused and when i filled out the application for dollar tree the dm at the time told me that she had fired her from dollar tree because she was taking time away from the employees and on the other hand i started at dollar tree in 2017 and i have worked off the clock many of times and im an asm I’ve been told that because of my age that i can’t do my job that i can’t stock the shelves when we have stockers to do that job. Their pay rises are ridiculous they go by a point system i been with this company for 3 years i am always an hour early every day and the manger is very vindictive if she does not like you you don’t get hours and their health care sucks i have it and i have to take heart medicine and they won’t let you opt out of the RX plan so i don’t use it.

  3. Michele says:

    I started dollar tree in 2017 o work for dollar general for four and a half year and quitt after the manager they hired wanted me to take an extra 15 minutes i refused and when i filled out the application for dollar tree the dm at the time told me that she had fired her from dollar tree because she was taking time away from the employees and on the other hand i started at dollar tree in 2017 and i have worked off the clock many of times and im an asm I’ve been told that because of my age that i can’t do my job that i can’t stock the shelves when we have stockers to do that job. Their pay rises are ridiculous they go by a point system i been with this company for 3 years i am always an hour early every day and the manger is very vindictive if she does not like you you don’t get hours and their health care sucks i have it and i have to take heart medicine and they won’t let you opt out of the RX plan so i don’t use it.

  4. EVELYN THOMPSON says:

    Tennessee . I’m a African American female applied for dollar tree in person they told me they was not hiring but now hiring was on the door I applied online district manager hired me she works at a diffrent store when manager seen she hired a black women as her assistant she had schedule changed so she wouldn’t work with me I was told by my fellow employees daily that manager was racist and keep saying she bout to find another job since they are hiring blacks . She refused to give me my breaks or lunch on time days I didnt get lunch when working up 7 or 8 hours . They were treating me like a regular worker instead of manager I did stocking my first 3 days instead of proper assistant manager training . Now they refuse to pay me I still havent recieved any money they claim it was sent out after two weeks no income I quit which I was told by an employee that’s what they wanted me to do so they didnt turn in my payroll on time nor my paperless account so it could go in direct deposit so it’s been 4 weeks and I’m still not payed and they are trying to deny my unemployment telling them I quit

  5. Janifer Amparano says:

    I worked at Dollar tree here in Tempe Az was one of the employees that came in off clock to stock because we had so many items in the back he over order . We came in the a.m. I worked with a friend.. Signed up for lawsuit never got nothing and my checks were never what they should of been.. Wonder why I never got something from settlement I did fill out the packet..?

  6. Ellis Rivera says:

    I worked at dollar tree and my manager would often times adjust my hours so he wouldn’t get in trouble for over time he made me work. Do I qualify for the lawsuit?

  7. Maria says:

    Yes i believe such thing like this because here in PA they have done the same thing. Can anyone do anything about this over this way. And i think also any where in the US people have gone through the same.

    1. Na says:

      Ive been employed for a little longer than 2 years and deal with the same issues to a tee

  8. Zal says:

    Last September I was left at work for 4 hours while having a heart attack! Manager refused to stay after I told her that “something is terribly wrong with my health.” This is a horrific place to work!

  9. Margo Falls says:

    I worked Family Dollar in New Iberia, La. Started as cashier they only wanted to give us 20hours a week, if that went to asst. manager, they didn’t want us with 40hours saying it went by store sales, They wanted store manager in the store because they was on salary. We worked by yourself many times. WE GOT ROBBED, YES I SAID ROBBED, HELD UP AT GUN POINT, DISTRICT MANAGER JOESPH, DIDN’T EVEN ANSWER THE PHONE. HORRIBLE.

  10. B says:

    I worked at dollar tree in MS and we was paid $7.25 when minimum wage went up and I then became a asst manager and only got paid 8$ and some change. Some days I didn’t have help to process trucks and my son and fiance had to come help me. I would travel and didn’t get traveling pay for miles. It was horrible but I needed my job to help with my family and bills. They’ll work you full time but have you in the system for part-time smh but I got the management experience.

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