Urban Outfitters Sued for Unpaid Wages and Overtime
Two Urban Outfitters retail employees have sued the apparel company for allegedly failing to pay them for all hours worked, including overtime, in an effort to conform with compensation budgets.
November 06, 2017 at 05:16 PM
3 minute read
Two Urban Outfitters retail employees have sued the apparel company for allegedly failing to pay them for all hours worked, including overtime, in an effort to conform with compensation budgets.
The lawsuits filed in New Jersey federal court by plaintiffs Alyssa Baccicheti, a department manager from Royal Palm Beach, Florida, and department manager Evan Trapp, of New York City, claimed they were not fully paid for their over-40-hour workweeks at multiple New Jersey store locations.
Urban Outfitters is headquartered in Philadelphia and operates 240 retail stores across the United States. In the two separate but nearly identical complaints, the plaintiffs claimed the retailer's practices violated the Fair Labor Standards Act.
“Consistent with Defendant's policy, pattern, and/or practice, plaintiff regularly worked in excess of forty hours per workweek without being paid overtime wages, in violation of the FLSA,” court papers said. “Defendant scheduled plaintiff to work forty hours per week, but plaintiff actually worked an average of more than 45 to 50 hours per week during each week in which he worked five or more shifts.”
Urban Outfitters did not respond to a request for comment Monday. Michael Palitz of Shavitz Law Group in New York City, for Trapp, and Seth Lesser of Klafter, Olsen & Lesser in Rye Brooke, New York, for Baccicheti, did not return calls seeking comment.
Urban Outfitters has not yet filed a response to the lawsuits in court.
The complaints noted that the plaintiffs' employment required “little skill and no capital investment.” And despite being given the title of department manager, their work did not include “managerial responsibilities, or the exercise of meaningful independent judgment and discretion,” they claimed.
Instead, their duties consisted mostly of folding clothes, cleaning the store, and other manual tasks. The plaintiffs alleged that the companywide policy was to classify department managers as nonexempt.
“The wages for defendant's store-level employees, including Plaintiff, were deducted from the labor budgets. However, defendant did not provide sufficient money for the labor budgets, causing plaintiff, who was not paid overtime, to work additional hours without compensation so that defendant could avoid paying additional wages to the hourly (non-exempt) store-level employees,” the complaints said. “Defendant did not consider the impact of its small labor budgets on plaintiff's job duties, including whether these small labor budgets forced Plaintiff to perform manual labor and non-exempt duties due to the limited amount of money available to pay hourly (non-exempt) employees to perform such work.”
P.J. D'Annunzio can be contacted at 215-557-2315 or [email protected]. Follow him on Twitter @PJDannunzioTLI.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHit by Mail Truck: Man Agrees to $1.85M Settlement for Spinal Injuries
Appellate Div. Follows Fed Reasoning on Recusal for Legislator-Turned-Judge
4 minute readChiesa Shahinian Bolsters Corporate Practice With 5 From Newark Boutique
5 minute readOn the Move and After Hours: Brach Eichler; Cooper Levenson; Marshall Dennehey; Archer; Sills Cummis
7 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250