Issues: Unpredictable Schedule, Untimely Pay, Biweekly Pay

 

On April 1, 2024, former H&M employees filed a class and collective action lawsuit against H&M Fashion USA, Inc. The lawsuit claims that H&M failed to pay manual workers on a weekly basis as required under the New York Labor Law (“NYLL”) and in turn, failed to promptly pay these workers in violation of the Fair Labor Standards Act (“FLSA”). The lawsuit also alleges that H&M violated the New York City Fair Workweek Law (“FWWL”) by not providing predictable work schedules, adequate notice of schedule changes, and other required protections for retail workers.

Affected workers may include all current and former Manual Workers and Retail Workers who worked for H&M in New York since August 17, 2017 who were paid on a bi-weekly basis and/or were subjected to last minute schedule changes, including positions such as sales advisor, crew leaders, assistant managers, and managers.

The lawsuit, which was filed in New York federal court, specifically alleged that due H&M failed to pay Manual Workers on a bi-weekly basis, as required by the NYLL. Due to H&M’s failure, Manual Workers allege they are owed liquidated damages equal to their late wages. The lawsuit seeks to recover those liquidated damages.

Further, the lawsuit alleges that H&M employees faced last-minute schedule changes. These actions allegedly deprived employees of a predictable work schedule and other benefits required by the Fair Workweek Law. For these claims, the class action lawsuit aims to recover compensatory damages and other relief to make the employees whole.

If you worked for H&M in New York since August 17, 2017, or a similar company in the retail industry, make sure you are getting paid properly as required under the New York Labor Law, the Fair Labor Standards Act, and the Fair Workweek Law. Unfortunately, this industry is notorious for scheduling violations. You can reach our firm, Fitapelli & Schaffer, LLP, for a free and confidential consultation at (212)300-0375 or you can visit our website here for additional helpful information regarding your work rights.

 

You can also view the filed complaint here