Haymarket Media, Inc. has failed to pay employees for off-the-clock work performed during lunch breaks and outside of their scheduled hours, according to a proposed class action filed in New York Supreme Court.
The 11-page lawsuit claims the media company has overstepped New York Labor Law, and owes employees unpaid straight-time and overtime wages.
The plaintiff says he worked at Haymarket’s New York City office from February 2019 to March 2020 as an account strategist and from March 2020 to March 2021 in customer service. Though the plaintiff was not paid for a one-hour meal period each day, he was required to work through his meal break roughly once or twice per week, according to the lawsuit.
Moreover, the plaintiff and other workers regularly put in off-the-clock work outside of their scheduled shifts and from home or on days off without being compensated, the suit alleges. The plaintiff says he typically worked four to eight hours outside of his scheduled shift and three to four hours from home or on days off each week.
The case says the plaintiff’s off-the-clock work, including the times he worked through lunch, were spent on duties that included putting together proposals, emailing clients, getting price quotes and attending meetings for his account strategist role and handling customer inquiries and responding to emails and phone calls in his customer service role.
Per the suit, these uncompensated tasks were “integral and indispensable” to the plaintiff’s job. The lawsuit alleges the worker is owed roughly five hours of straight time and three to nine hours of overtime wages for each week he worked for Haymarket.
According to the case, other hourly employees who worked for Haymarket were subjected to the same treatment and are owed unpaid wages due to the defendant’s “common policies, practices and patterns of conduct.”
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