The class action lawsuit filed against the nationwide retailer, Zara USA, INC. and INDITEX USA LLC, in May of last year continues to move forward successfully. Recently, the retail workers who brought the case forward requested that the proposed class of employees, which includes stock associates, sales associates, cashiers, and other similarly situated hourly workers be conditionally certified as a class in order to send notice alerting all potentially affected employees about the lawsuit and their rights. The case, which seeks to recover unpaid overtime for all hourly workers of Zara throughout the United States, has just had their motion for conditional certification and notice granted.
Under the Fair Labor Standards Act (“FLSA”), the lawsuit alleged that hourly employees were wrongfully denied their overtime compensation at 1.5 times their regular rate of pay, which should include all forms of compensation. Specifically, employees claim that Zara did not factor in their commission bonuses when calculating and paying overtime in violation of the FLSA. As a result, Zara underpaid its hourly retail workers for overtime hours worked. The court has defined the potentially affected class as all current and former sales associates, stocks associates, cashiers, and all other hourly employees who worked for any Zara location in the United States at any point between May 14, 2017 and July 1, 2019 and were not paid adequate overtime.
Fitapelli & Schaffer, LLP is very pleased to have had this motion granted as it will allow us to notify many hardworking employees of their rights and give them the proper information about their options in potentially recovering their hard-earned wages. If you or anyone you know has worked at Zara or a similar company as retail workers, they may have a claim for unpaid overtime. Call Fitapelli & Schaffer for a free and confidential consultation at (212) 300-0375 or visit our website for more information.