This class action brings suit under California’s labor laws against DSW Shoe Warehouse, Inc. and Designer Brands, Inc. The complaint alleges that, like all too many employers, these companies seemed indifferent to employees getting their required meal and rest breaks, pay for all hours worked, and proper overtime pay.
The class for this action is all current and former hourly, non-exempt employees who worked for DSW shoe stores in California at any time between November 4, 2015 and the present.
Plaintiff Jill Morrison was an assistant store manager at DSW for nearly eight years, from around July 2010 to May 2018, working at stores in Marina del Rey, Torrance, West Covina, Ontario, and Sherman Oaks.
The complaint alleges that Morrison and other employees sometimes worked in excess of eight or twelve hours per day, forty hours per week, or even eight hours on the seventh day of the week, but were not paid proper overtime. California labor law requires time-and-a-half for hours in excess of eight per day or forty per week, and for the first eight hours on the seventh day worked in the week. It requires double time for hours worked over twelve per day and for hours over eight on the seventh day of the week.
The complaint says Morrison’s official rate of pay also did not include non-discretionary bonuses, which should have been used as a basis to calculate her overtime rates of pay.
Morrison and other employees were often not permitted to take uninterrupted rest or meal breaks. While this is permitted, the company must compensate employees with an extra hour’s pay for every break missed, something that the complaint says DSW did not do.
They were also required to perform off-the-clock work, such as picking up supplies at a different location
The complaint alleges that the company broke the law in other ways as well, such as by not keeping accurate wage and hour records, including records of missed breaks. The law also requires that employees “be provided reasonable seating opportunities while applicable,” the complaint says, but claims DSW did not do this.
Furthermore, the complaint says, “When employees were sent to other stores to help, they had to elect either to get compensated for the additional commuting time or the mileage but not both.” They were also required to travel to other stores for management meetings without reimbursement for mileage.
All these omissions or instances of short-changing means that when employees such as Morrison leave the company, they are not paid all wages owed them at the time, as required by law. In such cases, California labor law allows employees to count their wages as continuing thereafter, until all money owed is paid, up to thirty days thereafter.