T.J. Maxx/Marshalls Loss Prevention Investigator Seeks to Prevent Lost OT Wages

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A former employee of The TJX Companies, Inc. and Marmaxx Operating Corp. has filed suit against the retailers claiming he is owed unpaid overtime wages. The defendants – which the suit says do business as Marshalls HomeGoods, Marshalls, and T.J. Maxx HomeGoods – allegedly hired the plaintiff as a loss prevention investigator and often required him to work more than 40 hours per week without paying him time-and-a-half premium wages for the hours he worked above 40. The plaintiff claims some investigations required him to “conduct surveillance and other activities” for up to 12 hours per day.

According to the complaint, the defendants sent letters to their investigators in November 2016 claiming a change under the Fair Labor Standards Act required the companies to reclassify workers as non-exempt from overtime requirements. “The letter,” the suit reads, “…was meant to deceive and mislead Plaintiff and the other Investigators into believing that the workers were previously exempt from FLSA protections and thus, not entitled to overtime wages.”

The suit alleges the defendants’ communication was “merely intended to dissuade workers from investigating and pursuing compensation for unpaid wages.”