A proposed class action claims Banana Republic has violated the New York Labor Law by paying workers bi-weekly instead of weekly despite requiring the individuals to spend more than 25 percent of their time on manual labor.
According to the seven-page case, New York law requires manual laborers to be paid within seven calendar days of the end of the week in which their wages were earned. Nevertheless, Banana Republic has a policy and practice of paying workers every two weeks even though they perform a significant amount of manual work for the clothing retailer, the lawsuit alleges.
The plaintiff claims to have worked at a Brooklyn Banana Republic as an hourly employee since August 2020. Throughout her employment, the plaintiff has spent at least 25 percent of her time on physical tasks such as opening and moving boxes, stocking merchandise, cleaning and organizing fitting rooms, cleaning bathrooms and windows, folding and price tagging clothes, sweeping and “standing for long periods of time,” the case relays.
Despite spending more than 25 percent of each shift on manual labor, the plaintiff was paid bi-weekly instead of weekly, according to the complaint.
The lawsuit argues that the plaintiff and other workers were underpaid for each pay period for which they received untimely compensation from Banana Republic.
The suit looks to cover anyone who worked as an hourly employee for Banana Republic between November 4, 2015 and the date of final judgment in the case.
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