Former Employee Files Class Action Lawsuit against BCBG Max Azria for Wage Violations

Posted on October 14, 2015

Partner Patrick McNicholas is representing a former employee of BCBG Max Azria in a class action lawsuit, alleging that the clothing retailer failed to compensate employees who reported for on-call shifts but did not actually work. Additionally, the suit alleges that the company punished employees for being tardy or missing on-call shifts, even though employees were told they were not required to work. On-call scheduling—when employers notify employees they are needed to work only a short time before the shift starts—makes it difficult for employees to arrange childcare or find supplemental employment.

In an article published in Law360, Mr. McNicholas explained, “’It’s a continuing issue of wage theft and in particular it involves waiting time and scheduling and how that impacts quality of life for employees in the retail industry.’”

This lawsuit comes in the wake of major labor investigations in New York and California. Recently, retailer Urban Outfitters pledged to stop on-call scheduling in its New York stores. In addition, the San Francisco Board of Supervisors passed legislation requiring employers to notify employees of their schedules at least two weeks in advance and compensate them for on-call shifts not actually worked.

McNicholas & McNicholas
McNicholas & McNicholas
McNicholas & McNicholas
McNicholas & McNicholas
McNicholas & McNicholas
McNicholas & McNicholas

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