LOS ANGELES — Big Lots Stores Inc. is facing a potential class action wage and overtime pay lawsuit in California federal court. Current and former Big Lots employees are alleging the company and its affiliate PNS Stores Inc. required employees to work off the clock, denied them proper meal breaks, and consequently failed to provide overtime when the employees worked more than 40 hours in a workweek. The plaintiffs in this class action claim the company’s violations were part of a policy and practice that affected employees across the state.
Claims Against Big Lots
The lawsuit was filed in California state court in February 2014 by a former Big Lots cashier, Viola Hubbs, and has recently been removed to federal court. In her complaint, Hubbs alleges the company and PNS would lock employees in the stores after they had clocked out at the end of the night. The company would allegedly lock the doors after closing then require the employees to clock out at the end of their shift, but wait for their managers to finish their work before releasing them. The employees would allegedly also be required to work through their state mandated meal and rest breaks, without receiving the proper compensation for not receiving these breaks. Hubbs lawsuit claims employees were denied their breaks because the company had a policy and practice of understaffing their locations, which required employees to work their entire shifts without the possibility of uninterrupted, duty-free breaks.
According to the lawsuit, Hubbs and other similarly situated hourly employees would work more than 40 hours in a workweek due to the missed breaks and work completed while waiting to be released from the store after clocking out at the end of the night. However, despite being classified as hourly employees entitled to overtime pay when they worked more than 40 hours in a week, the Big Lots employees claim they did not receive compensation for the extra time. Additionally, because the employees were allegedly not compensated for all of the hours they worked and the missed meal breaks, many were also denied minimum wage. The lawsuit is seeking back wages and damages and could include all hourly employees employed at a California PNS or Big Lots location over the last four years.
If you believe your employer is not paying you at least minimum wage or for every hour you work, you may have a wage or overtime pay claim. Time is limited for filing wage and overtime complaints so it is important to call today! Our top-rated team of overtime pay lawyers will discuss and review your case at (855) 754-2795. Or you can complete our Free Unpaid Overtime Case Review form and our legal team will evaluate your claim. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.