Former Marshalls assistant managers sue TJX Cos. – Valli Kane & Vagnini (2024)

Two former assistant store managers who worked at Marshalls have filed suit in US District Court in Massachusetts against The TJX Companies and related entities, alleging that the company violates wage and hour laws.
The suit, filed Dec. 11, names Marshalls of MA, Inc.; Marmaxx Operating Corp., doing business as Marshalls HomeGoods; Marshalls; T.J. Maxx HomeGoods; and HomeGoods, Inc. The plaintiffs are seeking class action status and are seeking compensation for allegedly unpaid wages, damages and attorney’s fees.
According to the suit, Celina Roberts worked an assistant store manager at Marshall’s in Laredo, Texas. She was hired in May 2008 and promoted in June to the assistant manager position, the suit states. Roberts worked 60 to 70 hours a week and often worked six or seven days a week, according to the suit. As an assistant store manager, she did not receive overtime for working more than 40 hours, the suit said.
Her work was “largely unrelated to the management of the store,” the suit alleges. Rather, Roberts on a daily basis stocked merchandise, cleaned, worked the register, unloaded delivery trucks and the like, the suit alleges.
Roberts alleges she complained to the store manager and to a district manager that she should be paid for the hours she was working and said that, if she had known she would end up working as many hours as an assistant manager, she would have remained a back room coordinator, “performing almost identical duties, and receiving overtime pay,” the suit states.
Plaintiff Anthony Sciotto was hired as an operations assistant store manager at Marshalls in Westbury, N.Y., the suit states, and worked at various other Marshalls locations in New York. The suit alleges that Sciotto worked a minimum of 10 hours a day, five days a week, and at times, up to 70 hours a week.
Like Roberts, the suit alleges, Sciotto largely was not performing managerial duties and was instead performing routine tasks such as stocking merchandise, unloading trucks “and other duties typically expected of hourly employees.”
Sciotto and other assistant store managers “had to perform such non-exempt duties because there were an insufficient number of hourly employees available to perform such tasks,” the suit said.
The suit alleges that Marshalls and HomeGoods stores operate under the same corporate policies and all assistant managers share the same uniform job descriptions.
A spokeswoman for The TJX Companies declined comment, citing company policy regarding pending litgiation.
The lawsuit in Massachusetts mirrors a separate case against T.J. Maxx in U.S. District Court for Eastern New York, which was filed in early 2011 by a former assistant manager in New York. Last November, a federal court judge in New York granted conditional certification for a collective action lawsuit, which is similar to a class-action suit, in that case.
The Massachusetts case against focuses on Marshalls and HomeGoods, rather than T.J. Maxx, but makes similar allegations against the Framingham company.
– Staff Writer Mary Moore, Boston Business Journal
Read the original article from Boston Business Journal here

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FAQs

What is the lawsuit against Marshalls? ›

T.J. Maxx and Marshalls department stores were hit with a copyright infringement lawsuit, accusing the stores of selling, importing and manufacturing clothing fabric that infringes on a fabric store's designs. This complaint was originally surfaced by Law.com Radar.

What is the lawsuit against TJ Maxx employees? ›

The company that owns TJ Maxx, Marshalls, and HomeGoods has agreed to pay $8.5 million to settle claims that it failed to pay nearly 83,000 California employees for time spent undergoing mandatory security searches before leaving for meal breaks and at the end of their work days.

What is the TJ Maxx scandal? ›

Stores may have sold goods containing lead: group

In March, the Center for Environmental Health released a report alleging that retailers including Ross, Burlington, Marshalls, TJ Maxx, and Nordstrom Rack (JWN) may have sold fast-fashion items containing "shockingly high levels of lead."

What is the settlement fund for Roberts v TJX? ›

The Settlement provides that the Defendants shall pay a "Maximum Gross Settlement Amount" of $4,750,000 into a qualified settlement fund to resolve the ASM Training Claims.

Why is TJX getting sued? ›

TJX, the parent company to T.J. Maxx and Marshalls, was sued Friday in Florida Southern District Court over alleged violations of the ADA. The court action, pertaining to the alleged lack of full accessibility to a public restroom, was brought by the Sconzo Law Office on behalf of Howard Cohan.

What company owns Marshalls? ›

The TJX Companies, Inc., which owns TJ Maxx, Marshalls and Homegoods, has expanded its beauty footprint with a larger selection and more prestige products.

What does TJ Maxx call their employees? ›

Associates bring our business to life, and we aim to support them by making TJX a terrific place to work. We strive to attract talented individuals, teach them our off-price model, and support their careers.

Why are brands pulling out of TJ Maxx? ›

(NewsNation Now) — Bad news for bargain shoppers: Designer brands are expected to be pulled from discount chains like T.J. Maxx, Ross and Burlington due to global supply chain issues.

How is TJX doing financially? ›

Earnings per share: $1.22 vs. $1.12 expected. Revenue: $16.41 billion vs. $16.21 billion expected.

What did TJ Maxx used to be called? ›

Zayre. In 1977, the first TJ Maxx store opened in Auburn, Massachusetts as part of the discount department store chain Zayre. In June 1987, Zayre established The TJX Companies as a subsidiary. In the first half of 1988, Zayre stores had operating losses of $69 million on sales of $1.4 billion.

Is TJ Maxx a religious company? ›

TJ Maxx Mission Statement

Our purpose is to make Disciples of Christ and celebrate God's presence and power in our lives.

Who is TJ Maxx sister company? ›

TJ Maxx and Marshalls operate as sister stores, and share a similar footprint throughout the country.

Why is TJX a good company to work for? ›

A FEW MORE REASONS TO LOVE tjx

We support each other along the adventure of each new day with competitive pay, great benefits, and an amazing group of people.

What happened in the TJX breach? ›

The intruders who broke into TJX's payment systems remained undetected for 18 months, during which time they downloaded a total of 80GB of cardholder data. TJX eventually said that 45.6 million card numbers belonging to customers in multiple countries were stolen from its systems.

How was TJX breached? ›

Though the hack wasn't discovered until 2007, hackers had first gained access to the TJX network in 2005 through a WiFi connection at a retail store, and were eventually able to install a sniffer program that could recognize and capture sensitive cardholder data as it was transmitted over the company's networks ...

Why can Marshalls sell clothes so cheap? ›

Our team of buyers are both opportunistic and entrepreneurial, so when a designer overproduces, a manufacturer makes too much product, or other stores overbuy, we step in and negotiate the lowest possible price and pass the savings on to you.

What are Marshalls of the law? ›

The United States Marshals Service (or Federal Marshals) are responsible for apprehending wanted fugitives, providing protection for the federal judiciary, transporting federal prisoners, protecting endangered federal witnesses, and managing assets seized from criminal enterprises.

Does Marshalls sell counterfeit items? ›

Merchandise bought at Marshalls and Tjmaxx are authentic brand names. When products are sent to the distribution centers for processing, they are examined to make sure they are the real deal. If not genuine, they are sent back where they were purchased.

Why are prices lower at Marshalls? ›

Marshall's / TJ Maxx (and here in Canada Winners) make money by selling brand name merchandise at cut rate prices. Some brands agree to this because they have overstock item (made too many) or for other reasons, they need to clear some inventory quickly and are willing to do so at a reduced price, just to shift it.

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