A proposed class action lawsuit recently removed to New York federal court lays out a former LA Fitness sales associate’s allegation that he was not paid in full for all hours worked. According to the complaint, the plaintiff, a Bronx resident, worked for defendant Fitness International, LLC from September 2017 through November 2017 at a rate of $11 per hour. The man claims he was required to routinely work through his unpaid lunch break, adding up to at least nine-hour days five days per week. Further, the plaintiff says he would sometimes stay at work late when working with clients, resulting in 10-hour days, without being paid state-required spread-of-hours wages.
The case states LA Fitness’s timekeeping system automatically accounted for presumed eight-hour shifts with a presumed one-hour lunch period “regardless of the time actually worked and regardless of whether the lunch period was taken for the full hour.” The defendant’s timekeeping system provided the plaintiff and those similarly situated with no procedure for clocking in and out to reflect the true number of hours worked, “which were nearly always nine hours or more per day,” the lawsuit says.
Alleged timekeeping inadequacies notwithstanding, the plaintiff alleges he was not paid for at least 10 hours—and in some instances up to 20 hours—per pay period.
Adding to the suit’s unpaid wage allegations is the plaintiff’s claim that despite being required to wear a uniform for every shift, the defendant provided him with only two uniforms for which the man was supposedly never reimbursed for laundering or maintaining.