MIAMI — For more than five years, T.J. Maxx and Marshalls’ parent company, TJX Companies Inc., has faced a string of overtime pay lawsuits. The most recent proposed overtime claim collective action in Florida federal court continues the long line of lawsuits against the company. Assistant store managers (ASM) across four TJX subsidiaries, T.J. Maxx, Home Goods, Sierra Trading Post, and Marshalls, are claiming TJX misclassified their positions to avoid paying overtime wages in violation of the Fair Labor Standards Act (FLSA).
The Collective Action
The current lawsuit claims TJX and its subsidiaries refuse to pay overtime to their salaried assistant managers. The ASMs claim their job duties do not meet the FLSA overtime exemption requirements for authority and decision making responsibilities. This lawsuit spans four major retail chains and claims the violations extend as far back as July 2011, and there are potentially thousands of employees who could be included, if the court grants certification for the proposed collective action. The plaintiffs and their attorney belief there is a good chance the lawsuit will go forward based on the fact that TJX has a history of overtime lawsuits.
Previous TJX Claims
In 2009, two ASM claims against TJX were filed and later settled out of court. They were followed by two similar claims in New York that were both denied class certification in 2012. Denied class certification means the plaintiffs may be able to bring their own, individual lawsuits, but they cannot sue the company as a group. However, even though they were denied class certification, both of the New York lawsuits did reach a settlement with TJX. And, earlier this year, ASMs working at Marshalls locations in both Texas and California filed separate overtime claims in federal court. They too are awaiting a class certification so they can go forward.
Salaried Employees & Overtime
Many people assume that an employee paid on salary is automatically exempt from overtime pay. However, simply receiving a salary does not satisfy FLSA requirements for exemption. Managers and assistant managers must have a primary responsibility of managing two or more employees in a store or department and they must either have the authority to make hiring and firing level decisions or their suggestions on hiring and firing are given significant weight in the decision making process. If these requirements are not met, like the ASMs in this case are claiming, then the manager or assistant manager is not exempt under the FLSA.
If you are an assistant manager at a TJX subsidiary or at another retailer and you believe you have been misclassified or denied overtime wages, contact our experienced team of overtime pay lawyers today at (855) 754-2795 for a Free Consultation to discuss your rights. Or complete the Free Unpaid Overtime Case Review form and our knowledgeable legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement. There are strict time deadlines for filing or joining overtime lawsuits, so it is essential you contact an attorney immediately.