Express Inc. is facing a federal employment and labor law class action. According to the Express class action, the clothing retailer is accused of violating Fair Labor Standards Act (FLSA). The suit states that Express Inc. is responsible for misclassifying co-managers as exempt employees. Furthermore, the company required them to work in excess of 40 hours, but failed to pay them overtime. Actually, this is a violation of the FLSA, as well as New Jersey labor law and New York labor law. According to the FLSA, the hourly rate is the time and a half. Thus, the Express class action states that the clothing retailer implemented the policy of avoiding to pay co-managers overtime. They did it deliberately and willingly.
Who filed Express class action?
In fact, Karla Reysona is the plaintiff who filed Express class action. Keli Liu of Hang & Associates PLLC is representing the plaintiff. The plaintiff filed the Express class action in the U.S. District Court for the District of New Jersey. Karla Reysona used to be a New Jersey employee. The suit claims that she had to work as a salaried co-manager at stores of Express Inc. During the timeframe when Reysona worked for the defendant, the plaintiff and also other co-managers often had to work overtime. However, they received only the supplemental payment. This means that the defendant paid them a sum of money that is equal to one-half of an hourly rate.
According to the Express class action lawsuit, the plaintiff used to work at Express stores between 1999 and 2013 in Manhattan. It’s essential to point out that it was in 2012 when Reysona became the co-manager. As a result, she had to work for 43-45 hours on a weekly basis. However, she states in her complaint that sometimes she worked for 49 hours as well. Later on, Reysona started working at the Express store in New Jersey. She states that here she was employed as a salaried co-manager between June 2015 and September 2016. The plaintiff claims that this time as well she worked for 42 hours weekly.
The plaintiff is seeking to represent a class of any person who worked overtime as an exempt co-manager for Express Inc. That’s to say, it refers to anyone who worked more than 40 hours on a weekly basis during the last three years. Reysona is also seeking to represent a class of anyone who was misclassified pursuant to the New Jersey and New York claims.