On Aug. 13, 2018, Magistrate Judge Anne Y. Shields certified two groups of Lululemon workers dating back to Aug. 27, 2013, allowing the case to proceed as a collective action. The Eastern District of New York judge issued a report and recommendation that would authorize the case to proceed on behalf of similarly situated individuals that were not compensated for certain work they performed on behalf of the fitness and lifestyle athletic brand. Pursuant to the Court’s order, certain categories of Lululemon workers such as educators, key leaders, and assistant managers should be advised of their right to participate because they may have been subject to potentially illegal pay practices, including unpaid overtime and off-the-clock work. Based on the decision, those individuals could proceed together as the case moves forward.
According to the allegations of the complaint and cited in the report and recommendation, Plaintiffs were required to perform “community work” at the direction of management without pay, as well as “administrative work” such as making phone calls, sending emails, and revising schedules without compensation. The Court authorized the parties to agree to a version of notice to be sent out to those workers in New York that were potentially subject to the same policies and practices at other Lululemon locations.
Plaintiffs are represented by Leeds Brown Law, P.C. and Virginia & Ambinder, LLP. The action is titled Gathmann-Landini v. Lululemon USA Inc., Case No. 15-CV-6867 (JMA)(AYS) and is pending in the Eastern District of New York.