The complaint for this class action takes up some perennial labor issues, under Massachusetts state law. It alleges that Raymours Furniture Company, together with its president and treasurer, Neil and Steven Goldberg, violated the law by not giving employees overtime pay and Sunday and holiday pay, and that it maintained an unlawful arbitration program.
The class action is brought by plaintiffs Denise Davies and Colleen Shaw, who worked at Raymour as salespeople, at a base rate of pay of $18 dollars per hour. Both of them sold home furnishings at one or more locations in Massachusetts.
The two women worked more than forty hours in many workweeks. Davies claims she works fifty hours in some workweeks, while Shaw claims she works as many as sixty hours in some workweeks. Neither was paid time-and-a-half for the overtime hours. The complaint alleges that they are not the only sales employees who were asked to work overtime without proper overtime pay.
Massachusetts labor law also requires that retail stores pay sales employees time-and-a-half when they are required to work on Sundays and legal holidays. The holidays include New Year’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day after 12:00 pm, and Veterans Day after 1:00 pm.
Davies and Shaw claim that they performed work on some Sundays and holidays, including Independence Day, Memorial Day, and Labor Day. However, the complaint says that they were never paid the premium of one and a half times their regular pay rate at these times.
Yet another complaint is the Raymour & Flanagan Arbitration Program. The company handbook requires employees to take most complaints about labor disputes to this program for arbitration. The employees did not negotiate or work out the terms of this program. The complaint calls the program unconscionable and unlawful, in that it seeks to do such things as radically reduce the statute of limitations for wage claims and eliminate mandatory awards of attorneys’ fees required by law.
Three classes have been proposed for this class action.