On November 24, 2021, Fitapelli & Schaffer, LLP filed a class action lawsuit against Old Navy, LLC for failure to pay timely wages. This lawsuit seeks to recover underpayment caused by untimely wage payments and other damages for similarly situated non-exempt hourly positions such as sales representatives (collectively, “Hourly Workers”) who work or have worked for Old Navy, LLC (“Old Navy”) in New York State. Affected employees may include all persons who work or have worked as Hourly Workers for Old Navy between November 24, 2015 and the date of final judgment in this matter.
The lawsuit alleges that at all relevant times, Old Navy compensated its Hourly Workers in New York on a bi-weekly basis. Despite being manual workers, the retailer failed to properly pay its Hourly Workers in New York their wages within seven calendar days after the end of the week in which these wages were earned. 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 shiftsperforming these physical tasks, they have been compensated on a bi-weekly basis. As a result of these untimely wage payments, Hourly Workers were underpaid for the first seven days of each bi-weekly pay period, and thus Old Navy paid its workers on an untimely basis in New York State.
If you recently worked for Old Navy in the state of New York, and have questions or concerns about how this case may affect your rights, do not hesitate to give us a call at (212) 300-0375. Additionally, if you’ve had a similar experience in the retail industry and would like to discuss your potential claims, you can also reach out to speak to one of our representatives or visit our website here for helpful information pertaining to your rights.
You can also view the filed complaint here.