Warehouse employees in Upstate New York trek a half-mile to punch in, demanding compensation for commute time
In a recent development, a class action lawsuit has been filed against retail giant Target, alleging violations of New York labor laws at its warehouses in Wilton and Florida. The lawsuit, filed by Katz Banks Kumin LLP, seeks class action status and estimates that thousands of workers could be due thousands of dollars in back pay, dating back to 2019.
The lawsuit names two initial plaintiffs: Jeanna Kratzert, a former worker at the Wilton warehouse, and Neil Mosher, a current worker at the same warehouse. According to the lawsuit, workers at the warehouses are required to walk long distances, up to approximately half a mile, to and from their work areas each day. This practice is the focus of the lawsuit, as the defendant, Target, is accused of not paying plaintiffs or other hourly warehouse employees for this time spent walking from their assigned time clock to the entrance of the warehouse after each shift.
Hugh Baran, one of the attorneys at Katz Banks Kumin, is assigned to the case. Baran stated that the firm "heard from many workers" at Target's warehouses in upstate New York. The lawsuit alleges that this unpaid walking time can add up to approximately $1,000 to $2,000 per year for each employee.
The issue with unpaid walking time is exacerbated during busy periods like back-to-school and holiday seasons when workers are required to work overtime and earn 1.5 times their pay. Starting pay at the two sites is between $20 and $27 per hour, depending on the position and the shift.
The lawsuit states that workers work in 12-hour shifts three days a week or 10-hour shifts four days a week. The Wilton warehouse has 1.5 million square feet of space, and the Florida warehouse is 1.8 million square feet, roughly the size of Colonie Center and Crossgates Mall, respectively. The two Target warehouses employ a combined 2,000 people.
The lawsuit also claims that the average worker at the two local Target warehouses is paid between $39,000 and $57,000 per year. Employees are required to arrive early for meetings for which they are not paid, according to the lawsuit. If discovery shows that plaintiffs and other hourly warehouse employees spent significant time waiting in security lines when entering and/or exiting the warehouse at other times during the relevant time period, plaintiffs may amend this complaint to supplement these allegations accordingly.
The lawsuit specifically targets New York state labor law, as opposed to the federal Fair Labor Standards Act. The search results do not provide the names of the lawyers hired for the case against Target in New York. The lawsuit was updated to include a statement from a lawyer for the firm that filed the lawsuit, but no further statements have been made by Target regarding the allegations.
