Old Navy, the chain clothing retailer, has just been sued for unpaid wages. Hourly workers in New York State for the clothing retailer allege they were not paid weekly as required by the New York Labor Law (“NYLL”). This lawsuit seeks to recover underpayment caused by untimely wage payments and other damages. Affected workers may include all those who work or have worked as hourly employees such as sales representatives for Old Navy, LLC between November 24, 2015 and the date of final judgment in this matter.
The lawsuit specifically alleges that the retailer always compensated its hourly workers in New York on a bi-weekly basis. Despite being considered manual workers under the law, Old Navy failed to properly pay its hourly employees in New York their wages within a week in direct violation of the NYLL.The state categorizes these workers as laborers because they spend a significant amount of their shifts completing labor intensive tasks. Over twenty-five percent of their duties were physical tasks, including but not limited to: (1) stocking shelves and clothing racks; (2) cleaning and organizing fitting rooms; (3) folding clothes; (4) sorting clothing racks; (5) hanging clothes; (6) opening, moving, stacking and lifting boxes; and (7) standing for long periods of time. Despite regularly spending more than twenty-five percent of their shifts performing these physical tasks, they have been compensated on a bi-weekly basis. In this regard, Defendant has failed to provide timely wages to Plaintiff and all other similarly situated Hourly Workers in New York.
Unfortunately, many retailers in New York State fail to pay its workers on a timely basis causing significant underpayment in their wages. Our nations hardest workers deserve to be paid consistently and on time. If you’ve worked for Old Navy or have had a similar experience in the retail industry, don’t hesitate to call us for a free and confidential consultation at (212) 300-0375 or visit our website for more helpful information regarding your rights.
You can also view the filed complaint here.