Bed, Bath & Beyond Managers File Unpaid Overtime Lawsuit

Bed, Bath & Beyond Managers File Unpaid Overtime Class Action Lawsuit Over Federal Wage Law Violations

NEW YORK – A group of former managers for Bed, Bath & Beyond recently filed a class action unpaid overtime lawsuit against the domestic merchandise retail chain claiming the plaintiffs were duped out of overtime wages because the defendant misclassified their work habits. According to the suit, Bed, Bath & Beyond violated the Fair Labor Standards Act (FLSA) by improperly paying its department managers on fluctuating workweek pay schedule instead of a traditional hourly rate.

The suit also claims the plaintiffs working as assistant managers were improperly classified as overtime exempt managers when they did not perform the duties consistent with the guidelines of the FLSA. Not only that, the assistant managers claim they were not given a wage notice at the time of their hiring or were subsequently provided pay stubs.

Employees on fluctuating workweek pay are entitled to overtime for the hours they work above the 40-hour threshold but not in the same way traditional hourly employees are. Their overtime pay is determined by dividing their salary by the total hours worked in a week and then paying the premium based on that number.

However, because these workers have already received their straight pay for these overtime hours, employers need only compensate them at an additional 50% of their average hourly pay for overtime hours worked that week. When receiving a fluctuating workweek salary, it is important that work hours actually fluctuate above and below 40 hours from week to week and cannot be fixed above the overtime threshold.

Additionally, the hourly wage of fluctuating workweek salaries must average out to at least minimum wage. Furthermore, the employee must clearly understand that his or her salary covers the straight pay for all of the hours worked in a given week regardless of how many or how few.

The proposed class is any Bed, Bath & Beyond department or assistant manager employed from October 2013 to the present. The unpaid overtime class action lawsuit seeks unpaid overtime wages, liquidated damages, interest, and attorney’s fees.

Fluctuating Workweek Overtime Pay Lawsuits

Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

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