McLaughlin and Stern Files Class Action Lawsuit Against Destination Maternity Corporation
New York, NY — A class action lawsuit has been filed against Destination Maternity Corporation (“Destination Maternity”) in the United States District Court for the Southern District of New York, case number 11-cv-6253, alleging that the international retail clothing store violated both federal labor laws and New York labor laws by routinely requiring its sales associates to undergo off-the-clock bag checks and security screenings for which they were not compensated.
The suit alleges that Destination Maternity, A Pea in the Pod, Motherhood Maternity, and Edamame stores all require their sales associates to have their bags checked before they leave the stores to have lunch and before they go home for the evening. These checks occur off-the-clock, adding as much as 30 minutes to sales associates’ workdays for which they receive neither overtime nor straight time pay. By bringing this suit, the attorneys listed below hope to end that practice and recover the wages and overtime pay each sales associate is due under the law.
If you work or have worked as a sales associate at either a Destination Maternity, A Pea in the Pod, Motherhood Maternity, or Edamame store, you may request to be included in the proposed class. Please contact McLaughlin & Stern, LLP or the Law Firm of Louis Ginsberg, PC, for any questions you have about the action.
McLaughlin & Stern, L.L.P.
260 Madison Avenue
New York, NY 10016
Law Firm of Louis Ginsberg, P.C.
1613 Northern Boulevard
Roslyn, New York 11576
Lee S. Shalov is a partner in the Litigation and Financial Services Departments of McLaughlin & Stern, LLP, a full-service law firm founded in 1898. He concentrates his practice in complex commercial litigation with an emphasis on prosecuting and defending securities class actions, wage and hour actions, and mutual and hedge fund actions.
Bradley Harris is an associate at McLaughlin & Stern, LLP. He focuses on litigation and real estate law.
Louis Ginsberg has concentrated on employment litigation for decades, and as head of his firm has helped to establish new precedents in New York labor law. He has worked extensively on employment matters including wage and overtime pay issues, breaches of contract, and employment discrimination. His impact on the law and the results he achieves for his clients has been well documented in the New York Daily News and the New York Post.
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