On Tuesday, December 8, 2020, Fitapelli & Schaffer, LLP filed a class action lawsuit against Target Corporation and Target General Merchandise, Inc. (collectively, “Target”) in New York State for pay violations. With over 80 locations in New York, Target employs more than 5,000 workers. This lawsuit could potentially affect manual workers such as guest advocates, inbound specialists, visual merchandisers, store attendants, cart attendants, security specialists, and other similar manual labor positions with hourly pay. This lawsuit seeks to recover untimely wage compensation and other damages for these similarly situated hourly workers. Eligible workers include all employees who work or have worked as manual workers for Target in New York between December 8, 2014 and the date of final judgment in this matter.
The lawsuit alleges that all hourly manual workers for Target in New York State are paid on an untimelybasis. Despite being manual workers, the grocery and retail chain has failed to properly provide them timely pay as required by the New York Labor Law (“NYLL”). According to the NYLL, because these manual workers spent over twenty-five percent of their time completing physical tasks, Target 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) 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. Additionally, Target failed to provide these manual workers with accurate wage statements specifying their right to timely pay which also required by the NYLL.
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.