Bed, Bath and Beyond, a company that is in 1000’s of shopping centers nationwide, is facing unpaid overtime claims.
The company has been accused of not paying them for overtime worked. Bed Bath and Beyond unpaid overtime class-actions have been filed in New Jersey and other courts nationwide.
Apparently Bed Bath and Beyond uses a fluctuating OT” method that resulted in reducing hourly overtime rate the more hours employees worked. The overtime lawsuit claims the formula Bed Bath and Beyond uses divides an employee’s weekly base pay by all the hours they worked, reduces it by half, then multiplies it by the number of hours over 40 hours that were worked. Employees are salaried, and perform the same duties as the hourly workers.
An example of this wage theft describes an employee who makes $65,000 annual salary.His is duties required him to unload freight, stock merchandise, help customers, serve as a cashier, and other tasks just like the hourly employees he supervised.
Department managers and assistant managers were cheated out of overtime hours because Bed Bath & Beyond applied a “fluctuating work week” requirement on them even though their schedules remained unchanged.
According to the lawsuit, companies can use a fluctuating formula with employees whose schedules change from week to week if they are paid a salary that meets minimum wage laws but earn a 50% wage premium (i.e., time-and-a-half) for hours worked over 50 hours a week. Employees filing the lawsuit should have been entitled to overtime pay beyond the 40 hours worked. Bed Bath & Beyond used the Fluctuating formula to avoid paying the higher rates.