On Thursday, May 14, 2020, Fitapelli & Schaffer, LLP, filed a class action complaint against Zara USA, Inc., the clothing and accessories retailer, for unpaid wages. This lawsuit seeks to recover overtime compensation and other damages under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). Affected employees include similarly situated non-exempt hourly positions such as stock associates, sales associates, and cashiers (collectively, “Hourly Workers”) who work or have worked for Zara USA, Inc. and Inditex USA LLC (collectively, “Zara”).
Zara pays its hourly employees an hourly rate as well commissions but their overtime rate allegedly failed to calculate their commissions, as required by law. Also, Zara compensated its Hourly Workers in New York on a bi-weekly basis. Despite being considered manual workers, Zara 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. In this regard, the retailer failed to provide timely wages to all its similarly situated Hourly Workers in New York. Additionally, Zara required similarly situated Hourly Workers in New York to work shifts of over ten hours and/or split shifts. If an Hourly Worker works a shift of over ten hours or a split shift, and was paid the applicable minimum wage, they are entitled to spread of hours pay. Despite paying Plaintiff and other Hourly Workers in New York the applicable minimum wage and requiring them to work shifts of over ten hours, Zara failed to provide its similarly situated Hourly Workers in New York spread of hours pay.
If you’ve worked for Zara USA, Inc. or Inditex USA LLC as a non-exempt hourly employee, such as a stock associate, sales associate or cashier, you may be eligible to join this lawsuit. Call our firm, Fitapelli & Schaffer, at (212) 300-0375 to see if your rights have been affected. Additionally, if you work in the retail industry and believe you are experiencing similar issues do not hesitate to call us for a free and confidential consultation. You can view our firm’s site here for helpful information regarding employee rights.
The filed complaint can also be viewed here.