Two former assistant store managers of Marshalls stores have filed an overtime lawsuit against in US Federal District Court in Massachusetts under state and Federal wage and hour laws.
The two plaintiffs, Anthony Sciotto and Celina Roberst, name in their lawsuit Marshalls of MA, Inc.; Marmaxx Operating Corp., doing business as Marshalls HomeGoods; Marshalls; T.J. Maxx HomeGoods; and HomeGoods, Inc.
The lawsuit has a Texas connection because Ms. Roberts worked an assistant store manager at Marshall’s in Laredo, Texas. The lawsuit states that Ms. Roberts worked as assistant manager for 60 to 70 hours a week and often worked six or seven days a week. Because Ms. Roberts held a title of an assistant store manager, Marshal did not pay her overtime for working more than 40 hours.
The lawsuit alleges that rather than hire more hourly employees, Marshalls required assistant store managers to work longer hours in order to perform the duties expected of hourly employee. In some circumstances, overtime law requires that assistant managers who perform mostly duties of hourly employees be paid overtime. The plaintiffs are seeking class action status and are seeking compensation for unpaid wages, liquidated damages and attorney’s fees. The class covers all assistant managers nationwide employed by the Defendants between 2011 and the present.