Lululemon Employees Likely to be Conditionally Certified for Allegations of Unpaid Wages


Earlier this month, a New York Federal Court magistrate recommended conditional certification of a class of Lululemon employees who allege they were expected to take yoga classes at studios to promote Lululemon apparel, and perform other work related tasks off the clock.  Lululemon paid the fee for the classes but did not pay the employees to attend, calling it “community work.”  The employees allege they spent approximately five hours each week in fitness classes and another five hours per week performing other tasks.  The judge found that the employees submitted evidence of “de facto” polices requiring community outreach and other off the clock tasks. The class could number 1,000 employees.