Foot Locker Wage and Hour and Fair Workweek Lawsuit
Fitapelli & Schaffer, LLP filed a class and collective action lawsuit against Foot Locker Retail, Inc. (“Foot Locker”). The lawsuit claims that Foot Locker failed to pay proper overtime in violation of the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”) and failed to pay manual workers on a weekly basis as required by the NYLL. The lawsuit also alleges that Foot Locker violated the New York City Fair Workweek Law (“FWWL”) by not providing predictable work schedules, adequate notice of schedule changes, and other required protections for retail workers.
Affected workers may include all current and former Hourly Workers who worked for Foot Locker nationally since December 21, 2021, or in New York since May 9, 2018, including sales associates, stock associates, sales leads, security guards, assistant managers, and similarly situated hourly positions. The lawsuit alleges Foot Locker owes employees damages for unpaid wages, liquidated damages, and other damages arising from these violations, including compensatory damages tied to last-minute schedule changes that deprived employees of a predictable work schedule under the Fair Workweek Law.
The lawsuit alleges Foot Locker failed to pay proper overtime under the FLSA and NYLL, paid manual workers less frequently than the weekly schedule New York law requires, and violated New York City's Fair Workweek Law by not giving retail workers predictable schedules or adequate notice of schedule changes.
What is the Fair Workweek Law, and how does it relate to this case?
New York City's Fair Workweek Law requires certain retail and fast-food employers to provide predictable schedules and advance notice of schedule changes. The lawsuit alleges Foot Locker's last-minute scheduling practices violated these protections, in addition to the separate overtime and timely pay claims under the FLSA and NYLL.
Do I need to do anything to join this lawsuit?
It depends on how the case is structured. An FLSA collective action generally requires affected workers to opt in, while a class action may include workers automatically. The fastest way to find out where you stand is to contact Fitapelli & Schaffer directly.
What can I recover if this applies to me?
Depending on your circumstances, you may be entitled to recover unpaid wages, overtime, liquidated damages, and other damages tied to the specific violations alleged in this case.
Where can I view the complaint that was filed?
The filed complaint is publicly available as a PDF, linked directly from this page.
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