An ex-Sally Beauty Supply LLC employee, Rosie Nance, filed a proposed class action against the company in Florida federal court. Nance claims she was not provided with fair overtime pay despite regularly working more than 40 hours per week, including bank deposits conducted on her lunch breaks.
Nance filed the Fair Labor Standards Act (FLSA) lawsuit in July including allegations that from April 2015 through February 2018, she was not compensated by Sally Beauty Supply at the state-mandated time and a half for extra hours she worked over 40 per week. She filed suit on behalf of herself and other nonexempt employees at the company in similar positions.
Nance was employed by Sally Beauty Supply from February 2006 through February 2018. According to the filed complaint, she was employed to provide customer service at retail outlets.
Nance claims in the complaint that while she was required to perform off the clock work by making bank deposits on behalf of the company during her lunch breaks, she was not provided payment as required by labor law. In the suit she specifically stated that the work was “directly essential” to the company and its successful business practices.
Additional claims were lodged by Nance in the complaint, including: the company failed to maintain proper time records, and the company failed to apprise her of her rights under FLSA.
Nance filed suit to seek back overtime pay at the standard rate as required by law, and additional damages and attorneys’ fees as necessary. Sally Beauty Supply is not the only national retailer facing claims of off the clock work due to lunch break bank deposits. T-Mobile, Dollar Tree, and Children’s Place Retail Stores Inc. are all facing similar claims.
If you have questions regarding what constitutes off-the-clock work or if you feel you aren’t being paid overtime as required by law, please get in touch with one of the California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.