Burlington Store Manager Files Nationwide OT Suit Over Exemption

Burlington Stores Inc. deliberately misclassified assistant store managers as exempt from the Fair Labor Standards Act to avoid paying them overtime wages, according to a new lawsuit recently filed in federal court in New Jersey.

The proposed collective action was brought by Kim Payton-Fernandez, who worked as an assistant manager at a Burlington store in Stratford, Conn., from August 2013 to October 2020.

Payton-Fernandez seeks to represent other similarly situated employees in a nationwide FLSA collective. The retailer, which is headquartered in Burlington, N.J., operates more than 700 stores across the country.

These employees regularly worked more than 40 hours ...