Retail Employees and Unpaid Overtime Law

In general, retail employees who are paid on an hourly basis should receive overtime pay when working more than 40 hours per week.

To be exempt from overtime wages, an employee must receive a salary of at least $23,600 per year AND perform the job duties of an exempt employee. Therefore, while there are a few, rare exceptions, hourly employees, including those who work in retail, should receive time-and-a-half compensation for every hour worked in excess of 40 during a single workweek. If you have been denied overtime as an hourly retail employee, your employer may have violated federal and/or state labor laws. Fill out our free case review form today to find out if you are entitled to recover back overtime wages.

Retail Employees: Unpaid Overtime Lawsuit

In July 2010, a Wal-Mart cashier in Nevada launched a putative class action case accusing the discount retailer of failing to properly pay overtime wages to its hourly workers in violation of state labor laws. According to the unpaid overtime claim, Wal-Mart required and allowed these employees to work more than 8 hours in a single day and more than 40 hours per workweek without providing overtime pay due to “shift jamming.” This practice allows employees to work shifts starting less than 16 hours after the end of their previous shift. As a result, the retail employees worked more than eight hours during a 24-hour work day without receiving time-and-a-half compensation for the excess hours worked during the second shift. While not every state permits overtime pay for hours worked in excess of 8 during a single workday, hourly retail workers should receive time-and-a-half compensation when working more than 40 hours a week.

In a separate wage and hour consolidated class action, a federal judge recently awarded preliminary approval to a settlement which will require Wal-Mart to pay up to $85 million to settle more than 30 lawsuits, which covered approximately 3.2 million current and former employees of the discount retailer. According to the unpaid overtime case, Wal-Mart required its employees to work off the clock and failed to provide overtime pay to non-exempt employees. If you have been denied overtime pay or required to work off the clock as a retail employee, you may be able to participate in an unpaid overtime lawsuit to collect financial compensation. Contact an overtime attorney today to learn about your potential opportunity for legal recourse.

Overtime Lawyers for Hourly Retail Employees

Our overtime attorneys are available to review claims from hourly retail employees, including cashiers, who have been wrongfully denied overtime compensation. At no cost to you, our overtime attorneys will determine whether you are eligible to collect back pay through an unpaid overtime lawsuit. Employers are prohibited by law from retaliating against workers who exercise their employment rights, so do not hesitate to contact us today by completing the form on the right.