Susannah Mulhearn worked in the Lord & Taylor Eastchester store in Scarsdale, New York, in the Ladies’ and Men’s Shoe Departments. The complaint claims that Lord & Taylor, LLC violated both the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) on several counts relating to overtime pay and minimum wages, as well as paying for all hours worked.
The FLSA Class for this action is all similarly-situated persons who work or have worked for Lord & Taylor as sales associates in the Ladies’ and Men’s Shoe Departments in its stores in New York, and who elect to opt in to this action.
The NYLL Class for this action is all persons who work or have worked for Lord & Taylor as sales associates in the Ladies’ and Men’s Shoe Departments in retail stores in New York, between December 10, 2012 and the date of final judgment in this action.
As a non-exempt employee at Lord & Taylor, Mulhearn had to be paid for any overtime she worked, at overtime rates. At the time, the store paid her $10 per hour, the minimum wage for Westchester County, plus commissions.
Unfortunately, the complaint claims that she was paid that same flat rate for all hours she worked; in other words, she was not paid time-and-a-half for hours worked over forty per week, as required by law. Mulhearn was also paid commissions on her shoe sales, and the complaint claims that those amounts should also have been taken into account in the calculation of her overtime rate of pay.
In recent years, she worked Friday through Tuesday, with Wednesday and Thursday off, but previously her schedule was more irregular. The complaint claims that at times she was required to work as many as thirteen days in a row before getting a day off. She generally worked 8.5 or 9 hours per day. Although she was scheduled to have a lunch break during the day, she normally worked through the break instead. During holiday periods and special sales events, she was required to work even more hours. On many days, the complaint says, she and other sales associates were required to stay beyond their shifts and work another hour or two, or even another full shift, because the department was understaffed.
Although Mulhearn clocked in and out, her pay does not reflect the times she worked through meals or even the time she was asked to stay beyond her shift. The complaint says she received no compensation for this time. She was also required to perform “stock work” before her shift.
The complaint also says her commissions were wrongly reduced because of the way the store handled returns and other matters pertaining to shoe sales.
The complaint is asking for compensation for all this misfiguring of her pay and the pay of similarly-situated shoe sales associates for their time worked at Lord & Taylor.