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.