Two former assistant store managers who worked at Marshalls have filed suit in US District Court in Massachusetts against The TJX Companies and related entities, alleging that the company violates wage and hour laws.
The suit, filed Dec. 11, names Marshalls of MA, Inc.; Marmaxx Operating Corp., doing business as Marshalls HomeGoods; Marshalls; T.J. Maxx HomeGoods; and HomeGoods, Inc. The plaintiffs are seeking class action status and are seeking compensation for allegedly unpaid wages, damages and attorney’s fees.
According to the suit, Celina Roberts worked an assistant store manager at Marshall’s in Laredo, Texas. She was hired in May 2008 and promoted in June to the assistant manager position, the suit states. Roberts worked 60 to 70 hours a week and often worked six or seven days a week, according to the suit. As an assistant store manager, she did not receive overtime for working more than 40 hours, the suit said.
Her work was “largely unrelated to the management of the store,” the suit alleges. Rather, Roberts on a daily basis stocked merchandise, cleaned, worked the register, unloaded delivery trucks and the like, the suit alleges.
Roberts alleges she complained to the store manager and to a district manager that she should be paid for the hours she was working and said that, if she had known she would end up working as many hours as an assistant manager, she would have remained a back room coordinator, “performing almost identical duties, and receiving overtime pay,” the suit states.
Plaintiff Anthony Sciotto was hired as an operations assistant store manager at Marshalls in Westbury, N.Y., the suit states, and worked at various other Marshalls locations in New York. The suit alleges that Sciotto worked a minimum of 10 hours a day, five days a week, and at times, up to 70 hours a week.
Like Roberts, the suit alleges, Sciotto largely was not performing managerial duties and was instead performing routine tasks such as stocking merchandise, unloading trucks “and other duties typically expected of hourly employees.”
Sciotto and other assistant store managers “had to perform such non-exempt duties because there were an insufficient number of hourly employees available to perform such tasks,” the suit said.
The suit alleges that Marshalls and HomeGoods stores operate under the same corporate policies and all assistant managers share the same uniform job descriptions.
A spokeswoman for The TJX Companies declined comment, citing company policy regarding pending litgiation.
The lawsuit in Massachusetts mirrors a separate case against T.J. Maxx in U.S. District Court for Eastern New York, which was filed in early 2011 by a former assistant manager in New York. Last November, a federal court judge in New York granted conditional certification for a collective action lawsuit, which is similar to a class-action suit, in that case.
The Massachusetts case against focuses on Marshalls and HomeGoods, rather than T.J. Maxx, but makes similar allegations against the Framingham company.
– Staff Writer Mary Moore, Boston Business Journal
Read the original article from Boston Business Journal here
Former Marshalls assistant managers sue TJX Cos.
Your Rights. Our Fight.
Contact Us Today To Schedule A Free Consultation
Valli Kane & Vagnini LLP - Press & News
Full 5th Circ. To Examine Employer-Friendly Title VII Rule
The family behind a massive Brooklyn Navy Yards film studio complex stands accused of stiffing local partners out of $50 million in profits, a new lawsuit contends.
Steiner Studios — where films such as Steven Spielberg's"West Side Story" and Lin-Manuel Miranda's "Tick Tick Boom!" were filmed — has been named in a civil suit filed by a group of local entrepreneurs who says they developed the complex then were cut out of profits, court records show.
Brooklyn Movie Studio Shut Out $50M Profits From Partners
The family behind a massive Brooklyn Navy Yards film studio complex stands accused of stiffing local partners out of $50 million in profits, a new lawsuit contends.
Steiner Studios — where films such as Steven Spielberg's"West Side Story" and Lin-Manuel Miranda's "Tick Tick Boom!" were filmed — has been named in a civil suit filed by a group of local entrepreneurs who says they developed the complex then were cut out of profits, court records show.
Black New Yorkers Strike Back
Black New Yorkers strike back at city program that seized their properties for developers The plaintiffs say the program unfairly
The Restrictions on Attorney Fees and Settlements in FLSA Deals
{6 minutes to read} Earlier this year, the United States Court of Appeals in the Second Circuit made a decision
Criminalizing Wage Theft, New Jersey, New York, and California
Janitors, servers, and construction workers have something in common. They are likely to face wage theft in industries that underpay
SB7848A Increases Worker’s Ability to Bring Claims of Sexual Harassment to Court
By Shaloni Pinto and Aimee Christianson {Read in 4 minutes} With the passage of New York Senate Bill 7848A, the
Valli Kane & Vagnini Attorneys Named to 2018 New York Super Lawyers List
We are pleased to announce that Sara Wyn Kane, a partner at Valli Kane & Vagnini LLP has been selected
Ex-Mitsubishi Atty Claims Sex Bias Led To Her Ouster
Law360 (September 19, 2018, 8:30 PM EDT) — A Mitsubishi Chemical Corp. unit illegally refused to promote one of its
CBS Agrees To Settle Parking-Spot Guards’ OT Suit For $10M
Law360 (August 22, 2018, 10:21 PM EDT) — In the latest settlement between a major studio and production assistants hired
Supervisor sues Omni hotels, alleging sexual harassment and retaliation when she reported it
A former supervisor with Omni Hotels & Resorts has filed suit against the Dallas-based company, alleging sexual harassment and saying