T.J. Maxx Workers in California Sue for Missed Breaks and Unpaid Sick Leave

California workers benefit from some of the strongest labor laws in the country, which are designed to ensure fair treatment on the job. However, some employers still commit employment violations despite these protections. When this happens, it is crucial for workers to understand their rights and know that help is available.

T.J. Maxx is no stranger to legal battles involving California labor laws. In a new proposed class-action lawsuit, the retailer once again faces accusations of violating workers’ rights in multiple ways. Thousands of employees may be affected.

In a recent filing in Los Angeles County Superior Court, T.J. Maxx employees claimed they were forced to work through rest breaks despite being required to mark otherwise on their timesheets. The allegations extend beyond missed rest breaks to inaccurate sick pay accrual.

The lawsuit was filed by former T.J. Maxx employee Faith Soriano, who worked at the retailer’s Redondo Beach store from January to August 2023. In her complaint, Soriano claimed that she and other workers were deprived of state-mandated rest breaks and not properly compensated for missed breaks. 

Soriano’s claims point to a serious issue with T.J. Maxx’s handling of employee time records. According to the complaint, workers were required to attest that they took their rest breaks, even when they could not do so. Managers would mark untaken breaks as a “missed attestation” rather than paying the workers the wages they were entitled to for missing the breaks.

This practice violates California labor laws, which require employers to compensate employees for missed rest and meal breaks with an extra hour of regular pay for each day a break was not provided. Most workers are entitled to a 10-minute rest break for every four hours worked and an uninterrupted 30-minute meal break when working more than five hours a day.

Timesheet attestation refers to a worker confirming the accuracy and completeness of the hours they worked during a particular pay period. It helps keep a record of rest and meal breaks taken. For example, if a worker punches in early voluntarily after a meal break, the employer can avoid paying the missed break penalty. However, if a worker’s meal break is cut short because their manager asked them to return to work, the meal break penalty may apply.

The lawsuit also highlights issues with sick pay accrual. Soriano stated that T.J. Maxx failed to provide the correct amount of sick pay, as mandated by California law. Employees are supposed to accrue one hour of sick leave for every 30 hours worked, but Soriano found herself shortchanged. Despite her time with the company, she was given only a fraction of the sick time she had earned.

These violations are not isolated incidents. T.J. Maxx has a history of similar claims dating back to at least 2013. In one case, the retailer settled for $8.5 million after employees filed a wage and hour class action, alleging they were not paid for time spent waiting off the clock while managers closed the stores. Workers in that case also claimed they were denied meal breaks, a recurring issue in these lawsuits.

In 2014, T.J. Maxx’s parent company, TJX Companies Inc., was sued for unpaid overtime. Employees accused the employer of misclassifying assistant managers as exempt from overtime pay. Additionally, workers were allegedly discouraged from asking about overtime pay.

T.J. Maxx’s repeated violations show how critical it is for workers to be vigilant and to hold employers accountable for unlawful practices. While missed meal breaks and skipped rest breaks may seem like minor issues, they are not. Employers are required to provide legally mandated breaks, pay for missed breaks and accurately calculate sick pay. If these rights are violated, employees can take legal action to recover the wages and benefits they are owed. 

If you believe your employer is denying rest breaks, not paying for missed breaks, miscalculating sick pay or committing other wage and hour violations, you don’t have to deal with the situation alone. McCormack Law Firm can advise you on your legal options. While we are not involved with the T.J. Maxx lawsuit, our San Francisco employment lawyers are experienced in helping workers resolve workplace disputes. Contact us today for a free consultation to learn more.