Target Hit with Class Action in California Over Alleged Labor Law Violations
by Erin Shaak
Garcia v. Target Corporation
Filed: July 5, 2019 ◆§ 2:19-at-00574
Target Corporation is the defendant in a proposed class action filed by a man who claims he was misclassified as an “exempt” employee and denied proper wages.
Target Corporation is the defendant in a proposed class action filed by a man who claims he was misclassified as an “exempt” employee and denied proper wages.
According to the lawsuit, which was recently removed to federal court in California, the plaintiff was employed as an “Executive Team Leader-Human Resources” between June 2016 and May 2018. The case argues that Target improperly considered the plaintiff’s position to be “exempt” from certain privileges, such as overtime wages, despite the fact he was required to perform mostly non-exempt duties. The plaintiff says his primary duties—covering for non-exempt employees, re-stocking merchandise, cleaning, fixing displays, assisting customers, and working at the in-store Starbucks—did not involve the use of independent judgment and discretion, which are typically required of those in exempt positions.
The lawsuit claims that as a result of the plaintiff’s alleged misclassification, he was denied time-and-a-half overtime wages. Further, the man says he was often required to work through meal and rest breaks for which he never received proper payment, and was not reimbursed for the use of his personal cell phone to communicate with other employees through the “GroupMe” application.
The case seeks to cover several proposed classes of people who worked for Target in California in the position of “Executive Team Leader-Human Resources” or a similar position and suffered the same alleged labor violations as the plaintiff.
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