Burlington Coat Factory Assistant Managers Class Action Lawsuit
Plaintiffs Barbara Kawa, Theresa Massey, and Danielle Solecki have issued a class action complaint against Burlington Coat Factory alleging the company failed to pay assistant managers overtime compensation.
The class action complaint states that Burlington Coat Factory violated numerous laws including the California Labor Code, IWC Wage Order, California Unfair Competition Law, Illinois Minimum Wage Law, and New York Labor Law.
The plaintiffs were all assistant managers (ASMs) employed by Burlington Coat Factory. Primary job duties include: stocking, cashiering, unloading trucks, customer service, and cleaning the stores. The job duties do not include hiring, firing, disciplining, or directing the work of other employees.
Because their work was manual in nature it was more similar to the non-exempt hourly paid employees. However, according to the lawsuit, Burlington Coat Factory classified the ASMs as exempt from overtime requirements.
The class action alleges that Burlington Coat Factory was aware the plaintiffs regularly worked in excess of 40 hours per workweek but did not pay them overtime wages. They did not provide sufficient resources or payroll hours in the labor budgets for their non-exempt employees to be able to complete all of the non-exempt tasks. Failing to do so, forced the ASMs to do the extra work in overtime hours, without compensation.
Plaintiff Theresa Massey brings her class action complaint on behalf of herself and all persons in the California Class. Massey was not compensated for the hours she worked in excess of the 40 hour workweek. Burlington Coat factory also failed to pay her the wages she was owed after her termination and failed to provide breaks and meals.
Plaintiff Barbara Kawa brings her claims on behalf of herself and all persons in the Illinois Class.
They were not compensated for their overtime work in Burlington Coat Factory’s Illinois locations. Burlington Coat Factory did not provide enough labor budget funds for their non-exempt employees to complete their tasks.
Plaintiff Danielle Solecki brings her claims on behalf of herself and all persons in the New York Class. The class members were not paid for their overtime work in excess of their 40 hour work week. In compliance with New York Labor Laws, Burlington Coat Factory had to establish and maintain payroll records, for at least three years, showing the hours worked and gross wages for all employees.
Burgling Coat Factory also had to preserve for six years, each employee’s payroll records. Each employee was meant to receive a statement with every payment listing on it. Burlington Coat Factory failed in their record keeping as Solecki and the New York Class was not provided with any records.
The lawsuit alleges that Burlington Coat Factory broke several labor laws in California, New York, and Illinois by not classifying their assistant managers as non-exempt employees.