New Jersey Employment Attorneys Blog
Mashel Law, L.L.C. filed a nationwide collective class action against Trans World Entertainment Corp., Record Town, Inc. and Record Towns USA, LLC (collectively referred to herein as “Trans World”) on behalf of its client Carol Spack and all similarly situated current and former employees of the Trans World to recover for the Defendants’ willful violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq., The New Jersey Wage and Hour Law N.J.S.A., 34:11-56.1 to -56.12 (“NJWHL”) and Pennsylvania’s Minimum Wage Act 35 P.S. § 333.101 et seq. (“PMWA”). Trans World Entertainment Corp. is a chain of entertainment media retail stores in the United States operating just over 300 freestanding and shopping mall-based stores. Trans World united its mall-based portfolio and retail Web site under the F.Y.E. (For Your Entertainment) brand name. In October 2016, the company acquired etailz, Inc., a leading digital marketplace expert retailer. Trans World Entertainment Corp reported total revenue of $147.1 million for Fourth Quarter 2016.
Under the collective action brought under FLSA, the proposed Class consists of all persons employed by the Trans World as Store Managers or Sr. Assistant Managers at any time three years prior to the filing of this action through the entry of judgment who worked over 40 hours per week and were not paid overtime pay at a rate of one and one-half times their regular rate for hours worked in excess of 40 hours during a workweek (the “Nationwide Collective Class”). The complaint also asserts pendent state claims for violations of New Jersey’s Wage and Hour Laws and Pennsylvania’s Minimum Wage Act.
Specifically, as to Sr. Assistant Managers, Plaintiff also complains Trans World violated FLSA by using a fluctuating work week method (FWW) when calculating overtime wages rightfully due Plaintiff and all other members of the proposed Nationwide Collective Class when they worked as Sr. Assistant Managers at Trans World stores nationwide. Under federal law, FWW provides under certain conditions for the payment of an unchanging salary that compensates an employee for all hours worked in a week regardless of whether the employee works fewer or greater than 40 hours a week, and payment for overtime hours at a rate of one-half employee’s regular rate of pay. 29 C.F.R. § 778.114(a).
As part of her lawsuit, Plaintiff Spack also brings a class action claim under the NJWHL (hereafter referred as the “NJ/PA Class”). The proposed NJ/PA Class consists of all persons employed by Trans World as Store Managers at any time two years prior to the filing of this action through the entry of judgment in the Trans World stores located in New Jersey who worked over 40 hours per week and were not paid overtime pay at a rate of one and one-half times their regular rate for hours worked in excess of 40 hours during a workweek.
The NJ/PA class also includes claims brought under the PMWA consisting of all persons employed by Trans World as Sr. Assistant Managers at Trans World stores located in Pennsylvania at any time three years prior to the filing of this action through the entry of judgment who worked over 40 hours per week and were not paid overtime pay at a rate of one and one-half times their regular rate for hours worked in excess of 40 hours during a workweek. Specifically, as to Sr. Assistant Managers, Plaintiff complains Trans World violated the PMWA by unlawfully using a fluctuating work week method (FWW) when calculating overtime wages rightfully due Plaintiff and all other members of the proposed NJ/PA Class when they worked as Sr. Assistant Managers at Trans World’s Pennsylvania stores.
To remedy her damages and the damages of the NJ/PA Class who worked in New Jersey and Pennsylvania, Plaintiff seeks a declaration that her rights, and the rights of other members were violated, and an award of all available statutory damages including, but not limited to, unpaid wages, interest, and reasonable attorneys’ fees and costs to make them whole for damages suffered.
If your employer has failed to pay you overtime w ages legally owed you, do not hesitate to call the attorneys at Mashel Law (732) 536-6161 or fill out the contact form on this page for immediate help. The attorneys at Mashel Law are dedicated to protecting the rights of employees.