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Retail Company Overtime Lawsuits: Wage & Hour Laws

Retail Company Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about retail companies:

What Workers are Employed by Retail Companies?

The largest groups employed by retail companies include store managers, salespeople, cashiers, customer service representatives, and stock clerks.

What is the Salary Range for Retail Company Employees?

According to the United States Department of Labor, salary estimates for occupations commonly found in retail companies are as follows:

Occupation Median Hourly Wage Mean Hourly Wage Median Annual Wage Mean Annual Wage
Cashiers $9.69 $10.38 $20,160 $21,600
Customer service representatives $12.13 $13.48 $25,230 $28,040
Store managers $18.69 $21.01 $38,870 $43,690
Retail salespersons $10.87 $13.01 $22,600 $27,060
Stock clerks and order fillers $10.82 $11.80 $22,510 $24,540

How Many People Are Employed Nationally by Retail Companies?

According to the United States Department of Labor, employment estimate and mean wage estimates for some common retail company occupations are as follows:

Occupation Employment
Cashiers 2,905,470
Customer service representatives 384,820
Store managers 1,084,500
Retail salespersons 4,226,580
Stock clerks and order fillers 1,399,860
Total employment 15,845,000

Where Are Most Retail Company Workers Employed?

According to the United States Department of Labor, states with the highest employment level in this industry are as follows:

Retail Company Overtime Pay Lawsuit News

Retail overtime lawsuit lawyersDiscount Retailer Agrees to Settlement in Unpaid Overtime Lawsuit

PHOENIX, Ariz. — An Arizona discount retailer chain recently agreed to a settlement with the U.S. Department of Labor to resolve claims that the company violated various provisions of federal labor and wage laws, including failure to pay overtime to dozens of employees.

Retail Workers File Class Action Lawsuit Against Midwest Retail Chain for Unpaid Overtime

A group of workers for an Ohio location of a Midwest retail chain recently filed a class action unpaid overtime lawsuit in federal court over allegations that the company failed to properly pay them and potentially hundreds of other workers across the country for all their hours worked.

Wawa Market Overtime Pay LawsFormer Wawa Manager in Training Files Federal Class Action Lawsuit for Unpaid Overtime

PITTSBURGH — A former manager for Chester Heights, Pennsylvania-based Wawa, Inc. recently filed a proposed class action unpaid overtime lawsuit against the convenience store claiming he and potentially hundreds of other employers were not paid all their due wages during their training periods.

burberry-overtime-pay-lawsBurberry Settles Multi-Million Dollar Overtime Pay Lawsuit in New York

NEW YORK — High-end retailer Burberry recently agreed to a multi-million dollar settlement with hundreds of current and former workers over allegations the company engaged in rampant wage theft, denying the plaintiffs overtime pay when they worked more than 40 hours per week.

Nordstrom Overtime Pay LawsFormer Personal Styling Service Employee Sues Nordstrom Over Unpaid Overtime

LOS ANGELES — A former personal styling service employee recently filed a proposed class action unpaid overtime lawsuit against his former employer alleging multiple violations of federal and California wage and labor laws over non-payment of overtime wages.

Read All Retail Company News on Overtime Pay Cases and Settlements

What are the Major Retail Companies?

There are a number of major retail companies in the United States, which are some of the largest employers in the retail industry. Some retail companies that have been involved in overtime pay lawsuits include:

  • Nike
  • Bed, Bath & Beyond
  • Forever 21
  • Walmart
  • T.J. Maxx
  • Apple

What are the Laws for Retail Company Employee Overtime Pay?

Under the Fair Labor Standard Act (FLSA), many retail company employees are non-exempt and therefore entitled to overtime pay. This generally includes salespeople, stock clerks, and cashiers, among others.

If an employee is non-exempt under the FLSA, the law requires that they are paid overtime wages of one and one-half times their regular rate of pay for every hour past 40 in one week.

Employees like store managers may be non-exempt in some cases, and therefore not entitled to overtime pay. However, some retail companies may give employees the “manager” title in order to misclassify them as exempt, and therefore avoid paying them overtime.

Misclassifying employees is a violation of the FLSA. It is important to note that exemption is not determined solely by job title. Rather, it depends on a variety of factors, such as job description, job duties, pay rate, and hours worked.

Some states also have overtime pay laws that may differ from the FLSA. It is important to know your rights to ensure you are receiving all the wages to which you are entitled.

Is a Retail Company Employee Entitled to Overtime Pay?

Retail company employees are often required to work double shifts and work additional time before and after their scheduled shift. As a result, many retail employees end up working more than 40 hours per week. Because most retail workers are non-exempt under the FLSA, they are therefore entitled to overtime pay for all hours worked past 40 in one week.

If you are not being paid properly for all hours worked, your company may be in violation of the FLSA. Companies may require their employees to report to work early but not “punch the clock” until later, strike hours off of time cards, or they may refuse to pay employees for work done before and after shifts.

Additionally, some employers will unlawfully refuse to pay overtime by misclassifying the positions of the workers, claiming that they are exempt when, in reality, they are not. These are violations of the FLSA and can give rise to an overtime pay lawsuit.

To determine if you are entitled to overtime pay, an experienced overtime wage attorney will be able to analyze your case in the context of the FLSA and your state’s laws to determine if you are non-exempt. This depends on job description, job duties, rate of pay, and number of hours worked.

Does a Retail Company Have to Pay Overtime Wages to its Employees?

Yes, in many cases a retail company is required to pay overtime wages to employees that work more than 40 hours in one week. This excludes employees who are considered exempt under the FLSA.

Exemption is not determined by your job title, but by your job duties, wages, and hours worked. This means that even if you are a store manager, you could be entitled to overtime wages based on the aspects of your job other than your title.

If you believe the retail company you work for owes you overtime pay, it is best to consult an attorney who has experience with the FLSA and state overtime wage laws.

To determine whether you are eligible for filing a wage claim, contact our experienced Retail Company Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page.  We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

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