SANTA ANA, Calif. — Assistant store managers are claiming Toys R Us Inc. denied them the overtime they were owed in their proposed class action wage and overtime pay lawsuit. In the recent overtime pay lawsuit filed in Florida federal court, five assistant store managers claim the toy store retail chain violated the Fair Labor Standards Act (FLSA) when it knowingly denied them proper compensation for all of the hours they worked. The assistant store managers are seeking back wages and damages for the alleged violations dating back three years, the maximum amount allowed under the FLSA.
Toys R Us Claims
Typically overtime pay lawsuits involving store managers or assistant store managers are based on the belief that the employer improperly classified the managers as exempt from overtime, which resulted in the managers being denied overtime. However according to the most recent lawsuit, Toys R Us properly classified its assistant managers as non-exempt from overtime, which means they were actually entitled to overtime. But the retailer failed to compensate them for the overtime they worked. Often a result of the unpaid or improperly paid overtime is that an employee not only does not receive the overtime they are owed, they also do not receive at least minimum wage when the wages they do receive are spread across the more than 40 hours worked in a workweek. And this was one of the results in a recently resolved Toys R Us lawsuit.
In March of this year, Toys R Us settled a class action lawsuit filed in California federal court in 2013. That lawsuit alleged the retailer failed to provide state required meal and rest breaks and failed to pay minimum wage or overtime to nearly 39,000 current and former employees. The settlement in that case included $4 million in back pay and damages, as well as provisions requiring Toys R Us to change policies related to employee compensation and meal and rest breaks.
Unpaid Overtime
There are many reasons and ways an employer may fail to pay an employee the overtime they have earned. Some of the reasons are accidental, such as mistakes in record keeping or unintentional miscalculations. While others are intentional, like knowingly misclassifying employees or actively reducing the number of hours an employee is credited for working. Some employers will require employees to work off the clock or will use timekeeping methods which round down, or shave, the number of hours an employee appears to work. Regardless of whether or not the wage and overtime violations are intentional, employers should compensate their employees for all hours they have worked.
If you believe your employer failed to pay you for all of the hours you have worked or has failed you pay you minimum wage, intentionally or not, you may have a wage or overtime pay claim. Our top-rated team of overtime pay lawyers can be reached at (855) 754-2795. Or complete our Free Unpaid Overtime Case Review form and our legal team will evaluate your claim. 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.