I was manager for 4 years and she was our DM for about 3 months. The lawsuits against BMW and Dollar General claim that the companies used "blinkered" or incorrect tests in their hiring process, which resulted in disproportionate screening of applicants. /Resources 142 0 R /Resources 102 0 R /Resources 152 0 R /Type /Page I received my unemployment after they asked for 2 hearings because she was exposed for unfairly firing me. that arrangements were made. /Resources 67 0 R >> Employer direct request is considered due cause. Due to integration of the FLSA in most state labor law, U.S. employee rights are protected insofar that they must be paid the minimum wage, as well as overtime, and the same compensatory or insurance benefits as other workers in the same role. /Parent 8 0 R stream endobj /Type /Font With the exception of some upper management positions, the employer must pay overtime to workers who work more than forty hours per week. /PageMode /UseNone << The DOL awards damages to former employees as a rule of thumb. This comes from a California Supreme Court ruling in an off-the clock work lawsuit. /Font << endobj /Type /Page FAQ /Names 4 0 R /Annots [] << I have signed agreements with a law firm and have heard nothing from them. /Tabs /S Assignments or time that an employer has allowed an employee to wait to perform a task, thus counted as work, and will be paid. I emailed my DM yesterday and still no reponce about my meal break. /S /URI Do personal care providers get overtime pay? I worked at dollar tree and my manager would often times adjust my hours so he wouldnt get in trouble for over time he made me work. Not good or legal ones though. If there are any questions regarding this privacy policy you may contact us using the information below. We could not get a hold of our District manager per even get her to call us back. endobj worked 38 hours setting u new store, paystub shows 7,75! Privacy Policy. endobj /Contents [171 0 R] /XObject << 33 0 obj >> << Ok I also worked for dollar tree in ga and let me tell you I traveled for them 3 times over 40 miles one way and back and received no pay as I was promised to get paid for the trips so I then refused to travel and they corner me up after having me train my replacement and not telling me anything about it first hem me up and say they have proof I was voiding off things to keep money which is a total lie. /Parent 8 0 R In the lawsuit filed last week in U.S. District Court in Nashville, Mary Clark, a former assistant manager at a Dollar General Store in Moulton, Ala., and Michelle Shannon, a former assistant manager at a store in Cullman, Ala., said they were required or permitted to work off the clock before and after regular shifts. 17 0 obj /Subtype /XML Hi I was recently employed by dollar general I worked there approximately 2 weeks. /Group 51 0 R If one ever takes a position over cashier they are subject to interrupted breaks, and forced to remain on the property with responsibility for all issues inside that are above the scope of a cashier's duties. /Count 1 Hourly employees reported they were forced to work "off the clock" and had their pay records altered, according to a separate wage theft lawsuit filed in New York District Court in 2006. and I started out as cashier and ended up as Store Manager, I have a lot to say, I worked numerous hrs without overtime pay, use vacation hrs to save payroll and worked off the clock. I would go in early and stay late to help with freight. So, if I clock in at 8 minutes after the hour, The time clock rounds that off to 15 minutes after the hour. /Resources 57 0 R Capstone Law seeks to represent employees, consumers and investors across the country in litigation involving labor and workplace rights, privacy laws, automobile and other product defects, consumer protection, false advertising or other deceptive trade practices, and securities fraud. /Count 31 Employees should be clocked in during work. /MediaBox [0 0 612 792] {*{ 40 0 obj 11 0 obj /MediaBox [0 0 612 792] Terms and Conditions. He claims that Dollar Trees time clock rules ensured that workers received a shorter break than should be allowed them by law. >> /StructParents 20 /Resources << Capstone Law has the talent, experience, financial resources and depth of knowledge to successfully litigate the most complex and challenging cases against the countrys largest corporations when they ignore labor laws and workplace protections, make deceptive claims, violate privacy protections, or sell defective products and services. /Contents [179 0 R] This coming from a district manager. As part of our commitment to social justice, our firm supports public policy, educational campaigns and legislative efforts to secure and expand the rights of consumers and working people. >> It would be nice if the C E O of Dollar Tree would come and work in some of his stores, So he can Understand and feel what employees feel, like the Undercover Boss!!!!! /Parent 3 0 R /MediaBox [0 0 612 792] /StructParents 13 Similarly, an employer may request an employee perform work duties off the clock. One time in order to keep my boss from losing her job I worked from 7 am to 4pm. /Parent 11 0 R >> 8 0 obj endobj Additionally, because of long lines while waiting to clock in or clock out, workers were cheated from pay they should have received, Terry says. /Resources 77 0 R In difficult economic times, employees may even believe that working off-the-clock is an unspoken expectation, especially if the employer fails to specifically discourage them from doing. Read more here: Camp Lejeune Lawsuit Claims. Being required to check or respond to voicemails or emails when you're off the clock. A former employee or current one can file a lawsuit for unpaid wages. << ul trvK` I$=IXLb/HV7+2^x% Was denied. now let say each employee makes min wage (we know they make more) 7.25 x 18,634.5 = 135,100. dollars. I've been with dollar general 1 1/2 months after being away from retail for 9 years. >> Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. I took it and my keys, sick and was treated like a lowlife even though over the past 5 years I may have called in sick a handful of times. /Annots [] that reports on class action lawsuits, class action settlements, /Parent 3 0 R /Resources 122 0 R Do we disclose any information to outside parties? /Group 101 0 R >> I am overworked and bout ready to drop this is ridiculous especially with a company that keeps building stores and not enough workers to work them!! /Font << 40 minutes taken out of every shift all winter long and not to be paid for it, I dont know what Im supposed to do. Please download the PDF to view it: Download PDF. /Group 161 0 R endobj If an employee makes the decision to arrive at work early and begin working on the computer, reading emails, working off-the-clock has taken place. /Annots [] /MediaBox [0 0 612 792] /Annots [] In 2017, TJ Maxx was ordered to pay $8.5 million to California workers in a meal break case. For more information, please see our 36 0 obj FLSA does not provide a definition of work, but the term generally includes all time when the employee is acting under the direction or control of the employer, or is acting primarily for the benefit of the employer. They didnt like all the overtime we ate pulling, but what were we supposed to do? After doing a return a customer came over to the register and asked if I was opening, I replied " that no I would not be opening because I was on break", I then went back outside to finish my break. >> >> /Type /Page /StructParents 15 Some states have labor code penalties that apply if employers are mandating or reaping the benefits of off-the-clock work. Moreover, contacting us, whether through this website or by other means, does not create an attorney-client relationship. /Contents [103 0 R 104 0 R 105 0 R] endobj Constantly could not maintain a full staff. << %PDF-1.5 37 0 obj /Annots [] /Parent 8 0 R Federal law defines employment to include permit to work, or suffer as result of the activity. How Many Hours is a Salaried Employee Required to Work? I asked for 3 days in a row off it was refused. /Count 1 and no time off. /StructParents 4 Hablamos Espaol. Complaints filed with the Department of Labor may recover up to threeyears of back wages for unpaid overtime; including liquidated damages equal to what a former employee is owed. Our website, products and services are all directed to people who are at least 13 years old or older. DON'T work for DG, I am a store manager for DG and I am to work tomorrow 12/31/17 with no break at all. >> /MediaBox [0 0 612 792] Do I qualify for the lawsuit? Required fields are marked *. Their Dollar Tree lawsuit alleges violations of the Fair Labor Standards Act because Dollar Tree has not paid minimum wage, paid overtime or provided the required rest and meal breaks. /Annots [] /Type /Page Im apart of this lawsuit I want to know how to get payment please get on contact with me. endobj /Group 141 0 R working off the clock! I am a plaintiff in the Dollar tree class action lawsuit. /Resources << /Type /Page document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 2022 Overtime Pay Laws, All Rights Reserved | Call (757) 278-0364 For Free Case Review | Privacy Policy | Disclaimer. The lawsuit alleges the following violations against Dollar General: not paying all overtime wages; failing to calculate the regular rate of pay properly, for purposes of paying overtime; not paying at least minimum wages for all hours worked (relating to hours worked off-the-clock); 42 0 obj /Contents [98 0 R 99 0 R 100 0 R] I worked for DG for 3 years, towards the end the manager quiet so I was made manager but still getting paid cashair wages, I had to go to the bank after my shift and I worked plenty open to close shifts. /F1 172 0 R /MediaBox [0 0 612 792] Suffered work is when an employee works extra hours to assist co-workers at the consent of the employer, yet they are unrequired and unpaid. He is employed at Dollar Trees Stockton, Calif. distribution center. She ended up being terminated for missing class and not returning to the store because she was sick with diabetes. Supervisors offer such praise in writing, documenting knowledge of the failure to pay overtime, creating the potential for a knowing or violation. Capstone Law APC does not seek to represent any individual based solely on that individuals visit to this website. << Contacting Us @]r9j/r2sb+}G*%vs7 &]b5.X8^[y+gx!ZaSEP[gh|H:00w[O2,_LG-49=bsMq)nGV3,Z Employer guidelines should be clear and provide explicit examples of what constitutes off-the-clock infringements in the workplace to not foster misinterpretations. We came in the a.m. I asked for my vacation time to use it. /Group 166 0 R I was fired by what I consider a conspiracy. Find the best ones near you. /Parent 8 0 R /XObject << In essence, the plaintiff claims that instead of giving workers proper overtime pay as is required by law, Dollar Tree pays them a nondiscretionary bonus. /ProcSet [/PDF /Text] less than half of my shift, meanwhile ive been out of work because of it and covid related problems. I still am not receiving proper paychecks. /Filter /FlateDecode I worked from October 2015 till December 22, 2016 with zero vacation time used. We collect information from you when you fill out our contact form. Just last night after being there 8 hrs. I was left go just before Christmas being told I stole hours, and asked how they could even prove that I was there at those times. endobj /MediaBox [0 0 612 792] Recently, a California judge granted class certification to this group, even after defendant Dollar Tree Inc. expressed its opposition to the certification for this Dollar Tree wage and hour lawsuit. The end of the line was this past weekend when I was told I had to bring my doctor's excuse in to my manager within 15 minutes even though I wasn't released to return to work until Monday. Corrado Rizzi is the Senior Managing Editor of ClassAction.org. Im a African American female applied for dollar tree in person they told me they was not hiring but now hiring was on the door I applied online district manager hired me she works at a diffrent store when manager seen she hired a black women as her assistant she had schedule changed so she wouldnt work with me I was told by my fellow employees daily that manager was racist and keep saying she bout to find another job since they are hiring blacks . /MediaBox [0 0 612 792] /Type /Pages I havent heard anything since. << Scan this QR code to download the app now. >> This field is for validation purposes and should be left unchanged. >> I applied for unemployment. /Annots [] I have been working for dollar general since December 2015 and I'm a lead now I was an assistant manager I stepped down to a lead because I was told that I had to work when the manager wasn't going to be in the store and we have other leads working also if I needed to be off and she was off I was told I couldn't be off also I have been there 2yrs and some months and on my hour lunch break I have to clock out but still work because I always work with a cashier so there for I have to help the cashier if they get a line I have to give a key turn if they need one yet and still I'm suppose to be on my break and this happens all the time. /StructParents 9 Some employers maintain employees who work after hours thinking they are helping the company by not recording the time. But to DG customers come first and employees are replaceable. stream Altering shift times is common way of working off-the-clock, as well as working during lunch breaks. Upon my first promotion to a key position, I was told by my manager that I was to stay on store premises and be available during my, "off the clock" lunch. >> /Kids [39 0 R] Despite such good intentions, employees cannot choose to decline the protections of the Fair Labor Standards Act (FLSA), and employers cannot refuse to pay. Can anyone do anything about this over this way. << /Annots [] An employee working unpaid may request back-pay, including compensation for liquidated damages. Read This Now! Because she was new they denied me taking time off. /Type /Page /Tabs /S /Annots [] I've went from 130 pounds to 108 due to the stress, overworked, and lack of proper uninterrupted lunches due me according to dg policy. << /Group 56 0 R Then This year I suddenly needed to move, so I transferred to a new store location. /MediaBox [0 0 612 792] I was then told that I should have clocked back in and completed her transaction. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. /StructParents 22 /Parent 12 0 R << Specifically, in both lawsuits against BMW and Dollar General, the EEOC charges that BMW and Dollar General did not take steps to reasonably accommodate . U.S. District Judge Morrison C. England told Law360 that Dollar Trees issue with the certification are beyond the scope of whether a class action is indicated for the purposes of certification.. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); Please note: Top Class Actions is not a settlement off the clock. The employees are exempt from overtime, this is not a problem because they get the same salary every week, regardless of the total hours worked for employees entitled to overtime, any work performed must be counted and paid. Then finally she quit by 2014 i had a new manager dec of 2014 i was up for a promotiin to assistant manager when they found out i was pregnant i was told i couldnt get my promotion until i returned from maternity leave because they would have to pay me for my leave so at 33 wks pregnant i had no choice but to take my leave because aa hard as they was making me work i started having pregnancy complications from not being able to take breaks and lunches so i could eat because we were expected to work through them so i was having problems with my sugar levels dropping i was scared if i didnt take leave i was going to lose my baby or we both werent going to make it i was out of work 8 weeks with no pay because i was denied my promotion soon as i returned i was promoted my the hours on my checks were never what i kept track of because the managers would go to send time in and take hours we worked of so they wouldnt go over their allowed schedule hours because if they did they got fussed at by the district manager because the district managers wouldnt recieve their bonuses i asked the district manager about the managers taking our worked hours he told me he would investigate it to my knowledge no investigation was ever done so i called corperate and they told me that it was the district managers responsibility. Please enter the information below or call us to speak with Anthony Castillo, Esq. I gave her the keys, came home wrote the CEO of the corporation. << /Type /Page endobj The supervisor, Douglas Troester, spent four to 10 minutes on those tasks each day, a total of 12 hours and 50 minutes during 17 months of employment, worth $102.67 at the then-minimum wage of $8 . HORRIBLE. How do we protect your information? 29 0 obj /Group 136 0 R 12 0 obj /Resources 87 0 R Working off the clock is grounds for termination and if someone instructs you to work off the clock they can be fired. << Performing job duties during lunch breaks. Plaintiff Sherrell Hall says she started working for Dollar General in August 2016, when she was hired as a "picker" for one of their warehouses. /Tabs /S However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. /Tabs /S /Group 126 0 R May provide an initial consultation for free. /Parent 8 0 R even if it takes up to 14 minutes to take care of the transaction; when I clock back out 1-14 minutes later, the time clock rounds that to 15 minutes past the hour. your claim status, claim form or questions about when payments are I would like to be involved in this lawsuit. endobj 21 0 obj /Encoding /WinAnsiEncoding /Group 71 0 R Although some managers may misunderstand they are requiring employees to work off-the-clock, extra work is deemed fine. /Contents [133 0 R 134 0 R 135 0 R] /StructParents 6 We may contract with third-party service providers to assist us in better understanding our site visitors. The United States Fair Labor Standards Act (FLSA), is legislation designed to protect workers in most states. >> /MediaBox [0 0 612 792] I came in December for a second shift and was told HR was terminating me, told her okay. If you have inquiries about working off-the-clock employment rules, post your legal need on the UpCounsel marketplace. >> My other assistant got overwhelmed and walked out of the leaving me to work open to close the whole week as we could not find any other manager willing to come to our store. /Contents [143 0 R 144 0 R 145 0 R] The event of a lawsuit, an employer should not rely on a defense that the employee agreed to violate the FLSA by working without pay. Dollar Tree claims that their bonus pay is discretionary and not always awarded.