Dollar Tree Wage and Hour Lawsuit Filed by Employees

Bradley/Grombacher, LLP • November 7, 2017

A group of Dollar Tree employees have come together to file a wage and hour lawsuit against their employer. The numerous plaintiffs in the Dollar Tree wage and hour lawsuit argue that violations of the Labor Code entitle them to recover damages. California has strict rules about wage and hour tracking for those employees who work on an hourly basis.


What’s Behind California’s Dollar Tree Wage and Hour Lawsuit

When an employer tries to discourage the proper tracking or payment of the right hours, employees may be eligible to pursue a legal claim against the employer. The Dollar Tree wage and hour lawsuit alleges that the employees worked the legal definition of overtime. The California Code of Regulations requires that employees who work beyond a forty-hour week to be paid overtime for the additional hours. Hours worked beyond the forty-hour mark in many industries, including retail stores, must be paid to the employee at a rate of one and half times their typical hourly rate.


The Dollar Tree wage and hour lawsuit claims that the employees were asked not to track their hours for some activities beyond their forty hour workweek. The employees in the Dollar Tree wage and hour lawsuit say they spent more than 50% of their time in a managerial capacity.

The employees who filed suit claim that they were asked to stock shelves, unload trucks, build merchandise displays, run the register as a store clerk, bag groceries, order inventory, clean the store, carry out price changes, set up endcaps, receive vendors, complete bookkeeping, and manage grand openings and work re-sets, among other tasks.


According to the wage and hour lawsuit, Dollar Tree did not maintain records for when these employees started and ended these work periods or the meal breaks afforded to the workers. Since the employer did not capture the relevant information about hours worked per day, the plaintiffs claim that they all worked in excess of forty hours per week doing the tasks mentioned above but were never fairly compensated for the extra time.


The lawsuit claims that the company had a practice of asking people to be improperly classified as exempt employees so that Dollar Tree did not have to pay them overtime for hours worked beyond forty in a workweek. The wage and hour lawsuit argues that these company policies violated state law and caused the plaintiffs to suffer damages, including lost earnings. The Dollar Tree wage and hour lawsuit also alleges that the company did not itemize wages in the right manner in addition to failing to record the hours worked.


Employers in California have a responsibility to ensure that each employee not exempted under the law is appropriately paid for their work time. For those situations in which systemic practices are used to underpay employees legitimately entitled to overtime, lawsuits may be filed by the affected workers to protect their legal rights.


If you believe that you have been subjected to illegal business practices by your employer, you should consult with the experienced wage and hour attorneys at Bradley/Grombacher today.


Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit. 


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At Scanes Yelverton Talbert, LLP, we believe that if you are questioning whether you have a case against your current or former employer, your first step should be to seek legal guidance. The best way to get started is by visiting our website for more information and filling out our online form to connect with our attorneys. Many of these potential claims fall under the Americans with Disabilities Act (ADA), which encompasses three distinct types of claims: disability discrimination, failure to accommodate a disability, and retaliation—where an employer takes adverse action against an employee for complaining about discrimination or requesting accommodations. Many of our cases involve ADA claims, which often intersect with claims under the Family and Medical Leave Act (FMLA). While both address medical-related workplace issues, they serve different purposes. The FMLA applies when an employee needs to take time off work due to a medical condition. In contrast, ADA claims generally arise when an employee can continue working but requires a reasonable accommodation. Another common claim we handle is workers' compensation retaliation. This occurs when an employee is injured on the job, files a workers' compensation claim, and then faces retaliation from their employer—an illegal action. These are just a few examples of the cases we deal with daily. We also frequently handle cases under Title VII of the Civil Rights Act, which protects employees from discrimination based on race, religion, sex, national origin, and color. If an employee experiences discrimination on any of these grounds, they may have a valid claim. Additionally, a retaliation claim may also be pursued if an employer retaliates against an employee for taking protected action—such as reporting discrimination to their employer or the Equal Employment Opportunity Commission (EEOC). At Scanes Yelverton Talbert, LLP, we are dedicated to defending those facing unjust treatment at work. Understanding your rights is the first step toward justice, whether you're facing discrimination, retaliation, or an employer unwilling to provide reasonable accommodations. We encourage you to visit our website for more information and to fill out our online form to connect with our attorneys. Our team is here to help you explore your legal options and determine the best path forward.
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