Urban Outfitters Overtime Lawsuit Alleges Wage and Hour Violations

An employee of Urban Outfitters, Inc. recently filed a class action lawsuit against the American multinational clothing corporation alleging violations of the Fair Labor Standards Act (FLSA) and the California Unfair Competition Law (UCL).

Plaintiff Ryan M., a resident of San Diego, files the Urban Outfitters overtime lawsuit in California federal court, on behalf of himself and all proposed Class Members similarly situated.

According to the Urban Outfitters overtime lawsuit, Ryan says that he worked for the clothing corporation as a department store manager between Jan. 26, 2012 and June 12, 2014.

Ryan alleges that Urban Outfitters violated federal law in failing to pay him overtime compensation.

He says he was frequently scheduled to work hours of almost 55 hours per week. Overtime hours would be necessitated each week when he was scheduled to work five or more shifts, the Urban Outfitters overtime lawsuit alleges.

According to the Urban Outfitters overtime lawsuit, Urban Outfitters violated the FLSA by failing to compensate Ryan and other class members at a rate not less than one and one-half times the regular rate of pay for hours worked more than forty hours per week.

According to the overtime lawsuit, Urban Outfitters violated the UCL by allowing unfair competition by the allegedly unfair and unlawful business practice of denying Ryan and other proposed Class Members earned overtime wages.

FLSA Class Action Lawsuits

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.”

The FLSA also prohibits non-exempt employees from working “off the clock” without pay.

The federal law sets a minimum wage of $7.25 per hour and requires overtime pay at a rate of not less than one and one-half times the rate of regular pay after an excess of 40 hours per week have been worked.

According to the DOL, for employees above the age of 16, there is no limit on the number of hours an employee can work. Nor is there a requirement of overtime pay for work on weekends or holidays, unless an employee has earned overtime pay.

Employees who believe they have not been given proper overtime pay or minimum wage can pursue relief for violations of federal and state labor laws through class action lawsuits. An FLSA class action lawsuit can represent thousands of workers who have suffered from violations of wage and hour laws.

An FLSA class action lawsuit allows a group of workers to come together and pursue action against former employers in a single court action. Many class actions also pursue wage and hour claims against their employers through state law.

For example, in California, wage and hour class action lawsuits can be more common, as California state law does more to protect employees. California law sets a higher minimum wage, a higher bar for mandated breaks, and a requirement for overtime pay when employees work more than 40 hours per week or more than eight hours in a single day.

In addition to the failure to pay overtime, some common violations associated with the FLSA include: 1) misclassification of exempt employees, 2) independent contractor misclassification, 3) off-the-clock work, 4) unpaid on-duty meal and rest breaks, 5) improper calculation of the regular rate, 6) improper deductions from salaried employees, 7) illegal tipping practices 8) and failure to pay minimum wage.

The Urban Outfitters Overtime Lawsuit is Case No. 3:17-cv-02461-L-AGS, in the U.S. District Court for the Southern District of California.

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