New York, NY — A class action lawsuit has been filed against J.C. Penney Company, Inc., and J.C. Penney Corporation, Inc., (collectively "JCP"), in the United States District Court for the Eastern District of New York, on behalf of hourly paid sales associates in the state of New York. The Complaint alleges that JCP violated the Fair Labor Standards Act and New York labor laws by utilizing improper "rounding" policies on employee time-clocks, requiring employees to work before and after their scheduled shifts and interrupting employee meal breaks, all which resulted in sales associates working without proper compensation.
As described in the Complaint, JCP uses a timekeeping system that would automatically round down an employee’s sign in/out time, thereby depriving the employee of compensation for the time between when they actually clocked in/out and when the time-keeping software recorded them clocked in/out. Additionally, the Complaint alleges that JCP regularly requires their sales associates to work before and after scheduled shifts, as well as during meal breaks, but did not properly compensate them for all hours worked or for overtime pay. By bringing this action, the attorneys listed below hope to end these practices and recover the wages and overtime pay that each sales associate is due under the law.
If you work or have worked at JCP in the state of New York as a sales associate, you may request to be included in the proposed class. Please contact Brett Gallaway, Esq. at McLaughlin & Stern, LLP (646-738-6353) or the Law Firm of Louis Ginsberg, PC (516-625-0105), for any questions you have about the action.