The popular retail store chain known as Urban Outfitters is the target of a new lawsuit. The Urban Outfitters wage and hour lawsuit argues that the company did not manage the payment of the plaintiff properly.
The specific wage and hour issue involved in this particular lawsuit has to do with payment of overtime. The Urban Outfitters wage and hour lawsuit alleges that the plaintiff was not paid for all of the hours worked or any of the overtime work completed beyond 40 hours within a work week. The plaintiff, an Arizona resident, served as a department manager for Urban Outfitters from May 2013 through August of that same year at their Phoenix location.
Lack of Overtime Pay Cited in Urban Outfitters Wage and Hour Lawsuit
According to the Urban Outfitters wage and hour lawsuit, the plaintiff worked more than 40 hours per work week, but did not receive the wages from the defendant for all of her hours work as well as any overtime compensation that was required under federal law. One such example included more than 40 hours of work completed during the 3rd week of June of the year.
The plaintiff alleges in her complaint that she was scheduled to work for approximately 40 hours per week, but worked an average of 55 to 60 hours per week, in which the plaintiff clocked in for five or more shifts. Urban Outfitters misclassified the plaintiff as an exempt worker in a managerial role, argues the Urban Outfitters wage an hour lawsuit; however, the plaintiff’s job required no capital investment and did not involve any managerial responsibilities or the exercise of independent discretion and judgement.
The primary job duties of the employee in question involved manual work such as building displays, cleaning the store, unloading freight and folding clothes, says the plaintiff. The job duties did not include, according to the Urban Outfitters wage and hour lawsuit paperwork, firing, hiring, exercising meaningful discretion and independent judgement, supervising or disciplinary action.
The lawsuit argues that the Urban Outfitters misclassified the plaintiff as well as all other individuals serving in the same position to avoid paying them for overtime work as required under provisions of the Fair Labor Standards Act. The lawsuit claims that the defendant should have been aware or was aware that Fair Labor Standards Act requires exempt employees to hold managerial roles and meet other criteria – criteria that did not apply to the plaintiff and other employees in the same position.
Overtime premium is due for those employees who worked beyond 40 hours in a particular work week. Furthermore, the Urban Outfitters is accused of failing to maintain sufficient and accurate time records for the plaintiff, which only allowed the plaintiff to report a maximum of 40 hours of work within a week.
Do you think you’ve been subjected to illegal practices related to wage and hour claims? If so, you need to consult with an experienced lawyer at Bradley/Grombacher today.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.