Manual Workers at New York Old Navy Stores Not Paid Frequently Enough, Class Action Claims

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Old Navy, LLC faces a proposed class action that claims the retailer has unlawfully paid hourly workers in New York on a bi-weekly basis instead of every week as required by the state’s labor law.

The case says that because Old Navy sales representatives and other non-exempt hourly workers spend a significant amount of time performing manual tasks, they should be paid within seven calendar days after the end of the week in which their wages were earned. The suit claims, however, that it is Old Navy’s corporate policy to pay workers on a bi-weekly basis instead of every week, which has allegedly caused the individuals to not receive timely wages in accordance with New York state law.

The plaintiff, a Bronx, New York resident, claims to have worked as an hourly employee at a New York City Old Navy location from 2018 to January 2021. Per the case, more than 25 percent of the plaintiff’s time was spent on physical tasks, including stocking shelves and clothing racks; cleaning and organizing fitting rooms; folding and hanging clothes; sorting clothes racks; opening, moving, lifting and stacking boxes; and standing “for long periods of time.”

The lawsuit alleges that even though the plaintiff spent more than 25 percent of her time on manual tasks, Old Navy paid her on a bi-weekly basis. Thus, the plaintiff was underpaid for the first seven days of each bi-weekly pay period, according to the case.

The suit looks to cover anyone who works or worked as an hourly employee for Old Navy, LLC between November 24, 2015 and the date of final judgment in this matter.

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