From New York federal court comes a proposed collective and class action filed by a Golub Corporation employee who claims the discount supermarket operator has failed to pay proper overtime wages.
The plaintiff, who’s worked for the defendant’s Price Chopper store chain as a Loss Prevention Manager since 2014, claims she routinely puts in 50 to 60 hours per week without being paid time-and-a-half overtime. According to the suit, the plaintiff has worked this amount of overtime during roughly 45 weeks per year, excluding vacation time.
The case takes further issue with the defendant’s alleged requirement that the plaintiff and similarly situated employees be available by cell phone 24 hours per day, seven days per week, even when they’re not on the clock. The lawsuit argues that loss prevention employees should be paid for this off-the-clock-work, as well as for time spent answering emails and commuting to store locations.
The lawsuit pins the alleged unpaid overtime on the defendant’s move to re-name the plaintiff’s position from “loss prevention officer” to “loss prevention manager” around January 2014. At the same time, the suit says, Golub Corporation re-classified the role as exempt from Fair Labor Standards Act (FLSA) protections even though “the job duties and expectations of the position did not change.”
“By means of [the defendant] improperly classifying ‘Loss Prevention Managers’ as exempt salaried employees as opposed to non-exempt hourly employees, [the defendant] avoided its obligation to pay overtime wages to ‘Loss Prevention Managers,’” the complaint reads.