Burlington Alleged Unpaid Wages and Meal Break Violations

Three current or former hourly retail employees initiated a collective and class action lawsuit against Burlington Coat Factory Warehouse Corp. The plaintiffs contend that the company systematically underpaid them by automatically deducting unpaid meal breaks, regardless of whether the employees were actually free from work responsibilities. The allegations stem from practices across multiple states, including Texas, California, and New York.

The employees claim that even when working over forty hours weekly, Burlington deducted a thirty-minute unpaid meal break from every shift. Furthermore, they allege that managers required staff to remain available by carrying two-way radios during breaks and responding to work calls, which prevented them from taking a true break. The lawsuit asserts violations of the Fair Labor Standards Act and specific wage laws in California and New York regarding unpaid overtime and meal-period work.

The lawsuit seeks to represent a nationwide group of hourly employees dating back to August 2023, with specific subclasses for California (August 2022) and New York (August 2020). The plaintiffs are demanding a jury trial and are seeking unpaid wages, liquidated damages, penalties, and attorneys' fees. The lawsuit is currently filed in the U.S. District Court for the District of New Jersey.