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A former employee of Dollar Tree Stores, Inc. recently filed a Dollar Tree employee lawsuit, on behalf of himself and all those similarly situated, accusing the company of violating the Fair Labor Standards Act (FLSA) and other state and labor wage and hour laws.
According to the Dollar Tree employee lawsuit, plaintiff Sayed H. filed the complaint on Dec. 13, 2017 in New York federal court.
Sayed says that as an employee for the store, working as a Store Manager from January 2016 to February 2017, the company failed to compensate him for overtime hours he worked due to their improper classification of him as an “exempt” employee.
As such, the company failed to compensate him overtime hours for all hours worked greater than 40 hours in a given work week, the Dollar Tree employee lawsuit contends.
However, although Store Managers are misclassified as exempt and not paid overtime hours above five hours per week, other store employees such as stockers, cashiers, and assistant managers are paid overtime compensation, as they are classified as non-exempt employees, the Dollar Tree employee lawsuit reads.
Sayed says that regardless of any hours worked, he was paid an annual rate of $55,000 per year, given a paid flat week salary, and was only paid five hours of overtime pay on top of the 40 hours of work he would be compensated for.
According to the Dollar Tree employee lawsuit, although Sayed was scheduled to work, as most store managers are scheduled for 45 hours per week, store managers on average work “more than 50 or 60 hours per week as they are forced to work additional hours in order to keep labor costs low, without additional compensation.”
Dollar Tree Employee Class Action and FLSA
Sayed files and brings the class action lawsuit as a collective action to recover unpaid overtime wages as required by the Fair Labor Standards Act (FLSA). The class action lawsuit is filed on behalf of all current and former store managers employed by Dollar Tree, Inc.
Many class action lawsuits have been filed by former and current employees of businesses alleging violations of the FLSA and specifically for unpaid overtime wages and violations of minimum wage law. An FLSA class action lawsuit can recover damages and provide relief for federal and state labor law violations committed by employers.
According to the Department of Labor (DOL), “[t]he FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and Local governments.”
An FLSA class action lawsuit can allow a group of workers who have suffered from violations of state and federal labor laws to pursue action in a single court action. In addition to being able to pursue violations of federal wage labor laws, many class action lawsuits further pursue wage and hour claims filed against their employers through state wage and hour laws.
The Dollar Tree Employee Lawsuit is Case No. 1:17-cv-07255-ILG-ST, in the U.S. District Court for the Eastern District of New York.
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5 thoughts onMan Files Dollar Tree Employee Lawsuit Against Discount Variety Corporation
Same here they were forcing me as an operations manager to work off the clock and I never was paid for any of it! Then there HR manager thought when he was firing me for working off the clock to take me in the break area out of view and put his hands on me I lost it! I filed a claim with EEOC in missouri and it states a charged was filed but I can’t get anyone to contact me at all!! I don’t have income to get an awesome lawyer to sue them but Morgan and Morgan I have already spoke with it’s going on the two year mark and I am still traumatized by this event especially being adhd! St.Robert Missouri Dollar Tree is horrible and it has ruined my name or even finding income in this vicentiety! I pray I get justice everyday!! They can’t continue to do this to hard working good employees it has to stop somewhere I was going down the chain of command whom to talk to until I reached the employee hotline which I filed a complaint with and it cost me my job retaliation much ontop of discrimination and sexual harassment and I’m band from that store for no reason!!
Me as well. I have been a assistance store manager for Dollar Tree for 4 years and for most of that 4 years I’ve worked through my 10 minute breaks and 30 minute lunches. Generally there is one cashier and one manager on duty( especially at closing). They also allowed their store managers to bully their employees. I reported it to the DM and nothing was done. The managers force you to do things they dont want to do including closing the store because they don’t want to do it. We continually ask for security and they tell us they can’t afford it(billions yearly) meanwhile these stores are dangerous and they are fully aware of this fact. In my particular store we ask for security ( as they make billions of dollars every year) because we are continually threatened by customers on a regular and are continually under the threat of robbery. Supposedly they can see what goes on in the store from their homes but they never come and do anything when we are threatened and even physically harmed by customer.
So is this lawsuit only for store managers or for part-time and full-time assistant managers too
I was an employee of Dollar Tree in Orangeburg SC on North Road was an assistant manager and because we were the only manager in shift we still would have to clock out on our breaks and still work only one cashier and one manager so I would have to work on my breaks in order for cashier’s to break! And if we didn’t clock out for breaks we would get wrote up!
same here I had to get them change on my breaks even though I had given them change before I left sometimes the lines would get so long they never staffed enough people