Karina Basso  |  August 14, 2014

Category: Labor & Employment

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TJ Maxx, Marshalls, HomegoodsTJX Companies Inc., the parent company of popular retail stores like TJ Maxx, Marshalls, and Homegoods, was named in an unpaid overtime lawsuit by former TJ Maxx employees who allege that the store misclassified employees with assistant manager status as overtime-exempt, thus violating the Federal  Labor Standards Act (FLSA). The class action lawsuit is one of several complaints lodged against the TJ Maxx parent company in the last five years.

The TJ Maxx overtime class action lawsuit was filed by employee Workou Zenebe, a resident of Florida and former assistant-manager at one of TJ Maxx’s Florida store locations. Zenebe alleges in the class action lawsuit that he worked at TJ Maxx for more than 30 years and was promoted to the position of assistant manager over the course his time employed there.

“In the assistant manager position for Defendant, Plaintiff’s primary duties were of a non-exempt nature. In the position of a salaried assistant manager, Plaintiff was mis-classified by Defendant as being exempt from the overtime protections of the FLSA,” the TJMaxx class action lawsuit says.

Under the FLSA, Zenebe alleges he should have been paid time-and-a-half when working hours over the typical 40-hour work week, but was misclassified as an overtime-exempt employee and therefore denied pay due to him.

TJ Maxx Overtime Violations Common, Lawsuits Say

This is not the first time TJ Maxx and its parent company TJX Companies has faced litigation for alleged FLSA violations. Assistant managers employed at Marshall stores located in California and Texas brought similar FLSA lawsuits against the retail chain in federal courts.

According to one the TJ Maxx class action lawsuits, forced overtime without pay is a common practice at stores owned by TJX, and employees are discouraged from asking about overtime pay.

Many of these proposed TJ Maxx unpaid overtime class action and collective action lawsuits are still being litigated.

As to the persons affected by this case, the TJ Maxx unpaid overtime lawsuit is seeking to cover:

“all mis-classified, salaried assistant manager employees of Defendant who worked in the capacity of assistant manager, however variously titled, at any location of every division, subsidiaries, or affiliate of Defendant throughout the United States, in excess of forty (40) hours (‘overtime hours’) per work week in one or more work weeks on or after July 2011, and who did not receive their overtime rate of pay for all of their overtime hours worked within such work weeks.”

The TJ Maxx Unpaid Overtime Class Action Lawsuit is Zenebe v. The TJX Companies Inc., Case No. 1:14-cv-22811, before the U.S. District Court for the Southern District of Florida.

Federal Labor Standards Act (FLSA) Concerning Overtime Pay

The Federal Labor Standards Act (FLSA) and California Labor Laws were established to ensure fair wages and hours, as well as to protect workers from potential danger, exploitation, and abuse by employers.

According to the U.S. Department of Labor website,  FLSA 29 U.S.C. §201 states:

“Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.”

Join a Free Unpaid Overtime, Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone. See if you qualify to take legal action now.

 

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4 thoughts onTJ Maxx Hit with New Unpaid Overtime Class Action Lawsuit

  1. Debra Morgenroth says:

    I worked for Homegoods one of the companies that is owed by TJX Companies. They require their management team to do everything and only pay them 40 hours a week. Most of the time worked 55-60 hours. Cleaning bathrooms, breakroom, stocking shelves, unloading trucks, building furniture, cleaning shelves, moving merchandise from one place to another and at least 15 hours a week running a register. They give you NO payroll to do these things. Worked for a DM that stated that you work until the job is done. Im not employed there anymore. Resigned in 2012, because they demand long hours and no compensation and no work life balance.

  2. workou zenebe says:

    I am currently still working at T J maxx, and not an x employee as indicated in the above article.

    1. workou zenebe says:

      Correction– I still work for the Company,I am not an x as of yet.

      1. Sarah says:

        Zenebe do you still work there

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