Target is Sued by Hourly Workers in NY for Untimely Pay Regulations

Target Corporation and Target General Merchandise, Inc. (collectively, “Target”) in New York State has just been sued for employee pay violations. Fitapelli & Schaffer, LLP filed the class action complaint on Tuesday, December 8, 2020, alleging that the grocery and retail chain failed to pay its manual workers on time. With over 80 locations in New York, Target employs more than 5,000 hourly manual workers. These manual workers such as guest advocates, inbound specialists, visual merchandisers, store attendants, cart attendants, and security specialists could potentially be affected by this lawsuit. This lawsuit seeks to recover untimely wage compensation and other damages for these similarly situated hourly workers. 

The lawsuit claims that Target paid their manual workers in New York State on an untimely basis, in violation of the requirements of the New York Labor Law (“NYLL”). The grocery and retail chain has allegedly failed to properly provide them timely pay under the NYLL because these manual workers spent over twenty-five percent of their time completing physical tasks which puts them over the manual labor threshold required to receive a weekly paycheck. These physical duties included, but were not limited to: (1) lifting and carrying items pf up to 40 pounds; (2) stocking shelves; (3) arranging inventory; (4) standing for long periods of times; (5) removing garbage; and (6) sweeping. Due to the extensive nature of physical tasks completed by these employees, the lawsuit alleges they should have been paid weekly instead of bi-weekly.  Additionally, Target failed to provide these manual workers with accurate wage statements specifying their right to timely pay which also required by the NYLL.

It is unfortunately all too common that some of the hardest working essential personnel don’t even get paid on time. Industries like retail and construction often have these violations. Luckily, New York State has laws that ensure that those workers with labor intensive duties get paid weekly and don’t have to wait too long between their hard-earned paychecks. Eligible workers for this potential class action include all employees who work or have worked in manual labor positions for Target in New York between December 8, 2014 and the date of final judgment in this matter. If you currently work or have worked for Target in New York State and would like to learn more about your rights with regard to this lawsuit and timely pay, feel free to contact our firm, Fitapelli & Schaffer, LLP, for a free consultation at (212) 300-0375 or visit our website for additional information.

You can also view the filed complaint here.