On Thursday, November 4, 2021, Fitapelli & Schaffer, LLP filed a class action lawsuit against Banana Republic, LLC in New York State for pay violations. This lawsuit seeks to recover underpayment caused by untimely wage payments and other damages for Hourly Workers that were paid on a bi-weekly basis.
With several locations in New York, this lawsuit could potentially affect many similarly situated non-exempt hourly positions such as sales representatives (collectively, “Hourly Workers”) who work or have worked for Banana Republic in New York State since November 4, 2015.
Despite these Hourly Workers being manual workers, the clothing retail chain failed to properly provide them timely pay as required by the New York Labor Law (“NYLL”). According to the NYLL, because these employees spent over twenty-five percent of their time completing physical tasks, Banana Republic should have paid them their wages within seven calendar days after the end of the week in which these wages were earned. These duties included, but were not limited to: (1) opening, moving, stacking and lifting boxes; (2) stocking shelves and clothing racks; (3) cleaning and organizing fitting rooms; (4) cleaning bathrooms; (5) folding clothes; (6) price tagging clothes and; (7) sweeping the store; (8) cleaning store windows; and (9) standing for long periods of time. Even though these Hourly Workers regularly spent more than twenty-five percent of her shift performing these physical tasks they were compensated on a bi-weekly basis.
If you currently work for Banana Republic 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 and confidential consultation at (212)300-0375 or visit our website for addition information.
You can also view the filed complaint here.