Burlington Class Action: Unpaid Meal Break Claims
Are You a Burlington Employee Who Worked Through Unpaid Meal Breaks?
A newly filed complaint alleges that Burlington Coat Factory Warehouse Corporation (“Burlington”) required hourly retail employees to clock out for 30-minute meal periods while remaining on duty and performing work without pay.
Burlington Unpaid Meal Break Lawsuit
On August 17, 2026, plaintiffs Brian Terrell, Kenyana Williams, and John Marbee filed a proposed collective and class action against Burlington in the U.S. District Court for the District of New Jersey, Terrell et al. v. Burlington Coat Factory Warehouse Corporation, No. 1:26-cv-10483.
What Burlington Workers Allege
The complaint alleges that non-exempt, hourly retail store employees performed off-the-clock work during unpaid meal periods. It seeks unpaid overtime under the FLSA for the proposed nationwide collective and unpaid wages and other relief under California and New York law for the proposed state classes. No collective or class has been certified, and the court has not decided whether Burlington violated the law.
According to the complaint, Burlington’s timekeeping application, identified as “ESS 45 Zebra,” directed employees when to clock out and deducted a 30-minute meal period from compensable time each shift. The plaintiffs allege that workers nevertheless remained subject to work demands.
- Employees allegedly could not leave the premises and had to carry two-way radios and respond to managers.
- Meal periods allegedly were interrupted, typically by two or three radio calls, and workers often returned to the sales floor before 30 minutes elapsed.
- Managers allegedly told workers they could not clock back in early, even after work resumed.
- The complaint alleges that Burlington knew of the work, because managers contacted and directed employees during the unpaid periods.
Who the Lawsuit Seeks to Cover
- A proposed nationwide FLSA collective of current and former hourly retail store employees employed by Burlington anywhere in the United States from August 17, 2023, through the final disposition of the case, who allegedly were subject to the challenged pay system.
- A proposed California class of current and former hourly retail store employees employed by Burlington in California from August 17, 2022, through the final disposition of the case, who allegedly were subject to the challenged pay system.
- A proposed New York class of current and former hourly retail store employees employed by Burlington in New York from August 17, 2020, through the final disposition of the case, who allegedly were subject to the challenged pay system.
Review a copy of the Burlington collective/class action complaint.
Your Right to Be Paid for Work During a Meal Period
Hourly employees generally must be paid for all compensable time they are required or permitted to work. A meal period may be unpaid under federal law only when the employee is completely relieved from duty for the purpose of eating a regular meal. If a worker must answer calls, assist customers, respond to managers, or return to the sales floor while clocked out, that time may be compensable depending on the facts.
Covered, non-exempt employees generally must receive at least one and one-half times their regular rate for hours worked over 40 in a workweek. See the U.S. Department of Labor’s Fact Sheet #22 on hours worked and 29 C.F.R. § 785.19 on meal periods. State law may provide additional protections.
The complaint asserts California claims for unpaid wages, overtime and double time, noncompliant meal periods and premium pay, waiting-time penalties, and restitution under California’s Unfair Competition Law. It asserts New York claims for unpaid wages and overtime.
Records Burlington Employees Should Preserve
Preserve paystubs, timecards, schedules, timekeeping records, meal-period instructions, and a lawful personal log of interrupted breaks and work performed.
Keep records lawfully. Do not take confidential information, customer information, or materials you are not authorized to possess.
Burlington Employees: Contact Kehoe Law Firm, P.C.
If you worked for Burlington and believe you performed unpaid work during meal periods or other off-the-clock work, Kehoe Law Firm, P.C. is available to evaluate your circumstances. A confidential consultation can help you understand your rights and potential legal claims.
For a free, no-obligation legal evaluation, send us a message or contact:
Michael Yarnoff, Esq., (215) 792-6676, Ext. 804
[email protected]
[email protected]
About Kehoe Law Firm, P.C.
Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm representing investors, consumers, and employees in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.
Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses may be subject to court approval.
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