Former T.J. Maxx Loss Prevention Detective Files Collective Action Complaint
Unpaid Overtime Pay Sought by Former T.J. Maxx Loss Prevention Detective
An overtime pay collective action lawsuit (Mills v. T.J. Maxx, Inc., No. 17-05236) was filed in United States District Court, Northern District of Georgia, Atlanta Division, against T.J. Maxx, an operator of multiple retail stores across the United States. Plaintiff Aaron Mills, who served as a T.J. Maxx Loss Prevention Detective in multiple locations in Georgia during his T.J. Maxx employment, filed the class action lawsuit to recover unpaid overtime pay owed pursuant to the Fair Labor Standards Act (“FLSA”).
T.J. Maxx Loss Prevention Detectives, Loss Prevention Associates & Others Similarly Situated
The collective action was brought under the FLSA on behalf of the Plaintiff and all individuals employed since December 18, 2015 by T.J. Maxx as a Loss Prevention Detective, Loss Prevention Associate, and all other similarly situated hourly employees.
T.J. Maxx, according to the complaint, employed Plaintiff as a Loss Prevention Detective from October 1, 2016 until September 28, 2017. The Plaintiff worked at various T.J. Maxx locations in Atlanta, Georgia and his duties included such things as investigating incidents of internal theft throughout a high volume multi-store environment, conducting fact-finding, installing covert cameras, reviewing media, and resolving internal theft cases with the help of a national task force.
The overtime collective action complaint alleges that the Plaintiff
. . . was assigned to work 40 hours per week by T.J. Maxx. However, in actuality, [Plaintiff] Mills worked 45 hours each week, as a result of being required to work off-the-clock 5 hours each week in order to respond to phone calls and e-mails from his supervisor for loss prevention cases. These off-the-clock e-mails and calls would occur before his shift, after his shift, and on weekends.
[Plaintiff] Mills was paid $14.93 per hour, and worked 45 hours per week. [Plaintiff] Mills was generally paid $597.20 per week reflecting only being paid for 40 hours of work. [Plaintiff] Mills was never compensated for this extra 5 hours of time worked. [Emphasis added]
[The Plaintiff] was frequently called and e-mailed by his direct supervisor . . . despite being off-the-clock, and expected to respond to his supervisor’s needs at all times.
Plaintiff was also called to testify at various hearings for his employment, and would not be compensated for all hours worked while testifying or appearing in court.
Plaintiff was paid straight-time for the first 40 hours worked, despite working well in excess of 40 hours per week.
This failure to pay overtime wages to this hourly employee can only be considered a willful violation of the FLSA, within the meaning of 29 U.S.C. § 255(a).
T.J. Maxx Loss Prevention Detective Seeks More Than $20K in Unpaid Overtime Damages
The former Loss Prevention Detective, according to the collective action overtime pay complaint,
. . . worked 45 hours per week, which includes 40 regular hours and 5 overtime hours. [The Plaintiff] was paid straight-time for the first 40 hours worked. His rate of pay was $14.93 per hour, so his “one-and-half-times-rate” is $22.40 per hour, for the purposes of computing overtime.1 5 overtime hours multiplied by $22.40 oneand- half-times-rate, equals $112 unpaid overtime per week. [The Plaintiff] was employed 102 weeks by Defendant. 102 weeks multiplied by $112 unpaid overtime per week, equals $11,424 in unpaid overtime wages. If the Court grants liquidated damages in this case, pursuant to 29 U.S. Code § 216(b), then the total damages are $11,424 plus $11,424, which equals $22,848.
T.J. Maxx Loss Prevention Detectives & Loss Prevention Associates
If you serve or served as a T.J. Maxx Loss Prevention Detective, T.J. Maxx Loss Prevention Associate or other similar position and believe you have legal claims for unpaid overtime, please contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form above on the right or e-mail [email protected].