Santa Clara, CA: Macy's is facing a proposed employment class action alleging unpaid wages and overtime and failure to pay minimum wage. Brought by former employee Yulie Narz, the complaint alleges Macy' Stores West Inc. has "systemic illegal employment practices"in place, enabling the retailer to not pay employees for mandatory security checks of their bags conducted before meal breaks and at the end of shifts.
Narez worked for Macy' from November 2013 through July 2015, according to the suit. She also alleges the retailer fails to pay employees, who work shifts of five hours or more, for a 30-minute meal break or 10-minute rest breaks for every 3.5 hours of work, as required by California labor law. This has resulted in a loss of overtime pay and generally improper wage statements, according to the complaint.
"Plaintiff is informed and believes ... that defendants had a consistent and uniform policy, practice and procedure of willfully failing to comply with [labor laws],"Narez states. "Defendants ... have acted intentionally and with deliberate indifference and conscious disregard to the rights of all employees in receiving minimum wages and overtime wages for all hours worked."
Narez asserts that Macy' is in violation of California' Labor Code and unfair-competition laws and that the chain has benefited from unjust enrichment.
The suit is seeking certification of a class to include current and former Macy' employees who worked for the company after January 2011 and is also asking for unspecified damages and penalties and payment of all attorneys' fees.
Narez is represented by Larry W. Lee of Diversity Law Group PC, William L. Marder of Polaris Law Group LLP and Dennis S. Hyun of Hyun Legal APC.
The case is Narez v. Macy's West Stores, Inc., number 5:16-cv-00936, in the U.S. District Court for the Northern District of California.
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I worked as a manger for 28 years and do know that employees were put in bad situations if they worked past the 5 hour mark, told they would lose there jobs, so employees would fill out false time cards saying they only worked 5 hours, They lost money by doing this but were afraid of loosing there jobs. Many times we had no one to give them lunch on time and they worked over there five hours but falseified the time cards to keep there job, They were told from HR if they worked past the 5 hours 3 times they were getting fired.The managers had to write them up everytime they showed up on the 5 hour violation sheet, after three times they were to loose there job,Plus the manager also got in trouble for this also. I felt bad for them all they were doing were helping customers ,they should of been paid for the all there time. But as a manger I know we would work 15 hour days ,called in on days off or our vacation never got our time back or paid. I would see employees clock out and go back and work to clean up departments because afraid they would get in trouble for the mess. I continually told them they couldn't do that but some were so afraid of a certain manager who would discipline so bad they were afraid .Reported it my store manager and HR and never did anything ,Unfair to associates shouldn't have to work like this .Most of these employees worked so hard and would do anything for the company ,we called them all the time to see if they would come in to cover a opening, etc and they came in and save us yet we treat them so poorly if they work overtime or past the 5 hour mark because they were giving customer service to someone, In cosmectics it was hard if they were doing a makeover they cant stop and say sorry cant finish I have to go to lunch. Customers want the associate who was helping them to continue with them to the end not say sorry going to lunch he"ll take over, bad customer service..Macys owes many associates money for hours worked.
Posted by Monica
on
This is the exact same complaint I made against a sister company of Macy's (Regis/Trade Secret) in 2011. The company failed to pay me and other employees for work we conducted off-the-clock and we were denied breaks.
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