Class Action Lawsuits Against Burlington Coat Factory Investments Holdings, Inc.
Burlington Coat Factory has been sued in a class action for various employment violations, including failure to pay all earned hourly wages in violation of the Fair Labor Standards Act (FLSA), failure to pay all earned hourly wages in violation of the California Labor Code, providing compensatory time off in lieu of overtime pay, forfeiture of vacation pay, failure to provide meal and rest periods, secret payment of lower wages than that required by statute or contract, failure to provide accurate, written wage statements, and unfair competition. The complaint seeks certification as a class with respect to the FLSA claims, certification of a class with respect to California law claims, appointment of class counsel and class representative, civil penalties, statutory penalties, declaratory relief, injunctive relief, actual damages, liquidated damages, restitution, pre-judgment interest, costs of suit and attorney's fees. The case is
Vang v. Burlington Coat Factory Warehouse Corp., Case No.09-CV-08061-CAS, and was filed in the Superior Court of the State of California.
A shareholder of Burlington Coat Factory has sued the company in the Superior Court of New Jersey, challenging the acquisition of the company by affiliates of Bain Capital. The case is Lemon Bay Partners v. Burlington Coat Factory Warehouse Corporation et al. (CA No. Bur. C-000014-06). The plaintiffs seek to enjoin the merger, as well as to recover compensatory and rescissory damages as well as attorneys' fees.