A proposed class and collective action has been filed by a former Urban Outfitters employee who claims the retailer misclassified department managers as exempt from overtime pay. According to the lawsuit, the defendant purposely underfunded stores’ labor budgets, effectively requiring managers, who weren’t paid overtime, to cover the job duties of non-exempt store-level employees. The plaintiff alleges he spent most of his time on manual, non-managerial work and was not responsible for hiring, firing, disciplining, or supervising employees. Despite being scheduled for only 40 hours per week, the man claims he often worked between 50 and 60 hours without being paid any wages, let alone premium overtime wages, for the extra 10 to 20 hours of work.
Though the lawsuit was originally filed in August 2013, the judge overseeing the case recently ordered each plaintiff to re-file their claims separately. The original complaint can be read below.