On April 1, 2024, former H&M employees filed a class and collective action lawsuit against H&M Fashion USA, Inc. The lawsuit claims that H&M failed to pay manual workers on a weekly basis as required under the New York Labor Law (“NYLL”) and, in turn, failed to promptly pay these workers in violation of the Fair Labor Standards Act (“FLSA”). The lawsuit also alleges that H&M 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 Manual Workers and Retail Workers who worked for H&M in New York since August 17, 2017, who were paid on a bi-weekly basis and/or were subjected to last-minute schedule changes, including positions such as sales advisors, crew leaders, assistant managers, and managers. Due to H&M's failure to pay on time, Manual Workers allege they're owed liquidated damages equal to their late wages, and the lawsuit alleges last-minute schedule changes deprived employees of a predictable work schedule and other benefits required by the Fair Workweek Law.
The lawsuit alleges H&M paid manual and retail workers on a bi-weekly basis instead of the weekly schedule New York law requires, and separately violated New York City's Fair Workweek Law by not giving retail workers predictable schedules or adequate notice of schedule changes.
Does the firm have a page specifically about Fair Workweek Law violations?
Not as a standalone page. Right now, Fair Workweek claims are addressed within case pages like this one. If you're dealing with unpredictable scheduling at a retail or fast food job, call us for a free consultation.
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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