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Urban Outfitters Hit With NJ, NY Wage-And-Hour Actions

law360.com—Ama Sarfo

Urban Outfitters Inc. on Friday and Monday was slapped with two proposed wage-and-hour actions in New Jersey and New York by former department managers and assistant department managers who allege Urban refused to record their overtime hours and violated federal law.

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The New York collective action was filed by three former Urban Outfitters department managers who worked at stores in Brooklyn, N.Y.; New York City; Birmingham, Ala.; and Nashville, Tenn.; who say they too worked over 40 hours without receiving overtime pay.

The plaintiffs — Jeffrey McEarchen, Daniel Lawson and Thomas Wolfe — say that Urban, under a centralized policy, classified them as exempt from the FLSA's overtime provisions without engaging in a person-by-person analysis to determine if the exemptions were warranted.

The trio says their work required little skill and didn't include managerial responsibilities, as they primarily folded clothes, operated cash registers, took out garbage and cleaned the store.

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The New York collective action wants Urban Outfitters to pay unpaid overtime wages and liquidated damages, amongst other costs.

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