Toms Shoes Faces Class Action Overtime Violation Suit

Toms Shoes faces a class action lawsuit for failing to pay its employees proper amounts of overtime under federal and California law.

Teena Musselman, who has worked for Toms since October 2016, filed the suit and seeks class action status for herself and coworkers who were hourly, non-exempt employees and entitled to overtime pay.

Musselman claims that she and her coworkers were eligible for and did receive “commissions, non-discretionary bonuses, and other forms of compensation.” She claims that Toms failed to include those amounts when calculating workers’ regular rate of pay for purposes of overtime, and, therefore, were “not adequately paid for all of the overtime they work.”

Musselman also claims that, when her employment ended, “Toms did not include in her final check the balance of [her] unpaid overtime owed from its failure to adjust its employees’ regular rate to incorporate non discretionary bonuses, commissions, and other items of compensation.”

The suit seeks to include all Toms nonexempt employees who might have been subjected to similar practices who worked one or more pay periods for the last four years.

The suit, which “focuses on Toms’ (a) uniform miscalculation of the ‘regular rate of pay’ of its hourly, non-exempt employees as well as the underpayments that flow therefrom, and (b) systemic failure to pay all wages due and owing to its California hourly, non-exempt employees at the end of their employment,” was filed in the Central District of California by Robert Wasserman of Stockton, California.

Image Source: Ariel Waldman (Flickr)