Macy’s Worker Files Wage & Hour Class Action Lawsuit

Last week, a class action filed by a former Macy’s employee over alleged illegal employment practices, including failure to pay legal minimum wages for overtime and improper bag checks, was moved to federal court in California.

Lead plaintiff Yulie Narez claims that Macy’s Stores West Inc. failed to pay its employees for overtime and time spent on mandatory security checks of employees’ bags during meal breaks and at the end of their shifts. The plaintiff says these practices are “systematic” and “illegal.”

Narez filed the Macy’s class action lawsuit in county court at the end of January. The case was moved to federal court because the award amount could exceed $5 million.

In the complaint, Narez alleges that Macy’s failed to pay workers for mandatory 30 minute breaks not taken during 5 hour shifts, as well as 10 minute rest breaks for every 3.5 hours of work, all required under California law.

In the wage and hour class action, the plaintiff claims that Macy’s practices are widespread and deprive workers from the overtime pay they are entitled to under state law.

“Plaintiff is informed and believes … that defendants had a consistent and uniform policy, practice and procedure of willfully failing to comply with [labor laws],” argued the plaintiff in the Macy’s class action lawsuit. “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.”

Narez claims that Macy’s alleged practices constitute violations of California’s Labor Code and unfair competition laws. The plaintiff also claims that Macy’s has been unjustly enriched by depriving employees of these wages.

The plaintiff seeks to represent a Class of both current and former employees of Macy’s who were employed by the department store from the end of January 2011 to the present. Narez also seeks an award of damages and penalties, as well as payment of all attorneys’ fees.

A similar class action lawsuit was filed against Macy’s department store in 2011. According to that case, Macy’s failed to pay employees for time taken to perform mandatory bag checks. That plaintiff sought to represent a class of Macy’s employees in California that amounted to approximately 84,000 people. According to court documents, that class action entered mediation in 2014.

Macy’s has also been hit with a class action over a line of denim, Citizens of Humanity, alleging that the company falsely labels its products as assembled in the U.S., when some materials are sourced from outside of the U.S.

Narez is represented by Larry W. Lee of Diversity Law Group PC, William L. Marder of Polaris Law Group LLP and Dennis S. Hyun of Hyun Legal APC.

The Macy’s Overtime Pay Class Action Lawsuit is 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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