Albany, New York
A former employee of Wal-Mart has filed a proposed class action seeking millions of dollars in statutory damages against Wal-Mart for failure to provide uniform maintenance pay. Wal-Mart has denied liability in the case and promptly filed a motion to dismiss all class action claims against it.
On March 14, 2016 Chief United States Federal District Court Judge Glenn T. Suddaby issued a Decision denying Wal-Mart’s motion. Judge Suddaby closely examined the Complaint and decided that the claim under New York’s Hospitality Wage Order could move forward, finding Wal-Mart employees who assisted in its food service operations were entitled to uniform maintenance pay.
The proposed class action case is venued in the Northern District of New York Federal District Court. The case seeks class action status for current and former employees of Wal-Mart who were deprived uniform maintenance pay. The employee alleges that Wal-Mart mandates its employees wear a set uniform, including a branded vest, but then shifts the cost of cleaning and maintaining those vests on to the employees. The employee alleges part-time employees are given one vest and full time employees receive two. This is unacceptable under New York State law and each employee could be entitled to up to $10 a week for the cost of laundering and maintaining the uniform.
Ryan M. Finn, Esq. and David I. Iversen, Esq. of E. Stewart Jones Hacker Murphy, LLP (www.joneshacker.com) represent the proposed class and have stated that they are very pleased with the Court’s decision. “This is the first case of its kind decided in the State of New York. Judge Suddaby has clarified what industries and businesses are potentially covered by the Hospitality Wage Order and its uniform maintenance pay provision. No longer can corporations like Wal-Mart hide behind the self-imposed designation of ‘retailer’ and skirt regulations that heavily impact their employees’ income.”
If you have questions about this regulation and your place of employment contact David I. Iversen, Esq. of E. Stewart Jones Hacker Murphy, LLP at firstname.lastname@example.org