Burlington Wage Lawsuit, Were You Affected? Terrell, et al. v. Burlington Coat Factory Warehouse Corporation, No. 1:26-cv-10483

If you clocked out for lunch at Burlington but kept working anyway — you weren’t the only one, according to a new lawsuit. Three current and former employees say Burlington’s own timekeeping app automatically deducted a 30-minute meal break every shift, whether or not workers actually got one. Here’s what the case claims and who it might cover.

Burlington Wage Lawsuit — Key Facts

Lawsuit Filed	August 17, 2026
Defendant	Burlington Coat Factory Warehouse Corporation
Alleged Harm	Non-exempt hourly retail employees performed off-the-clock work during meal periods automatically deducted by Burlington’s timekeeping app
Law Alleged	Fair Labor Standards Act (nationwide collective); California and New York wage-and-hour law (proposed state classes)
Who Is Affected	Non-exempt, hourly Burlington retail store employees nationwide, plus separate California and New York state-law classes
Court & Case Number	U.S. District Court, District of New Jersey, No. 1:26-cv-10483
Current Stage	Complaint filed; no collective or class certified, no ruling on the merits
Settlement Status	None. No claim form exists. This is an active lawsuit only
Last Updated	September 7, 2026

Who Is Burlington and Why Are They Being Sued Over Meal Breaks?

Burlington Coat Factory Warehouse Corporation runs Burlington’s off-price retail stores, staffed largely by hourly, non-exempt workers on the sales floor and in stockrooms. That workforce structure is exactly where meal-break disputes tend to surface, since hourly pay makes every uncompensated minute measurable. The lawsuit claims Burlington’s own scheduling technology, not just a rogue manager here or there, was doing the shorting.

What Did Burlington Do to Hourly Employees?

Plaintiffs Brian Terrell, Kenyana Williams, and John Marbee say Burlington’s timekeeping system, identified in the complaint as “ESS 45 Zebra,” told employees when to clock out for their break — and then deducted a full 30 minutes from their paid time regardless of what actually happened during that half hour. The complaint alleges workers routinely performed real work during that window: helping customers, restocking, running a register when the floor got busy. None of it showed up on their paycheck.

That’s the part worth sitting with. This isn’t a case about a few missed breaks here and there — it’s a claim that the deduction was automatic and built into the software every single shift, which is a very different animal than an occasional scheduling slip-up. If you’ve read our Merrill Lynch unpaid wages settlement guide, you’ll recognize the shape of this one: a system-wide policy alleged to shortchange a whole class of hourly workers at once, rather than isolated incidents.

Terrell and his co-plaintiffs are pursuing this as an FLSA collective action nationwide for unpaid overtime, plus separate state-law classes in California and New York seeking unpaid wages and other relief under those states’ stricter wage codes.

Are You Part of the Burlington Wage Lawsuit?

Here’s exactly how to know if this case includes you.

You may be covered if you:

• Worked as a non-exempt, hourly employee at a Burlington retail store
• Had your meal breaks tracked through Burlington’s timekeeping system
• Performed work duties during a break period that was still deducted from your pay
• Worked in California or New York, where separate state-law claims apply

You’re likely not covered if you worked in a salaried, exempt management role, since the complaint is built around non-exempt hourly staff specifically.

Burlington Employees Outside California and New York — Are You Still Covered?

Yes, for the federal overtime claim. The FLSA collective is proposed nationwide, so hourly Burlington employees anywhere in the country can potentially join that portion of the case. The state-law claims for unpaid wages, though, are limited to the California and New York classes named in the complaint.

Not sure if you qualify for the Burlington wage lawsuit? A free consultation with a wage and hour attorney can help you figure out where you fit before the case moves further along.

What Are Burlington Employees Asking the Court to Award?

No money exists yet, and no claim form will exist unless this case settles or Burlington loses at trial. Plaintiffs are seeking unpaid overtime under the FLSA for the nationwide collective, plus unpaid wages and other relief under California and New York law for the state classes.

What Could Burlington Employees Receive If This Settles?

It’s too early to put a number on this one — the case was just filed, and no collective or class has even been certified yet, let alone a settlement discussed. For scale, comparable retail meal-break and timekeeping cases have resulted in payouts ranging from modest per-person amounts to tens of millions when a company’s practices affected a huge workforce over years. An employment class action lawsuit attorney can walk you through what similar retail wage cases have actually paid, since the range is wide and this one’s still at day one.

What Should Burlington Employees Do Right Now?

1. Nothing urgent yet — there’s no deadline and no claim process open at this stage
2. Save your pay stubs, timesheets, and any records showing your actual hours worked
3. Note specific instances where you worked during a deducted meal break — dates, tasks, who asked you to
4. There’s no lead plaintiff deadline in this type of wage case
5. Monitor the docket: Terrell, et al. v. Burlington Coat Factory Warehouse Corporation, No. 1:26-cv-10483, U.S. District Court for the District of New Jersey
6. If you’d rather pursue your own claim, a class action lawsuit attorney can tell you whether that’s a better fit than waiting on the collective

Burlington Wage Lawsuit — Full Timeline

Milestone	Date
Alleged unpaid meal-break deductions occurring	UNVERIFIED — exact class period not specified in available reporting
Lawsuit filed	August 17, 2026
Next scheduled hearing	UNVERIFIED — no scheduling order located
Expected resolution	UNVERIFIED — case in early stage

Burlington Wage Lawsuit — Frequently Asked Questions, No. 1:26-cv-10483

Is there a class action lawsuit against Burlington for unpaid wages right now? 

Yes. Brian Terrell, Kenyana Williams, and John Marbee filed suit against Burlington Coat Factory Warehouse Corporation in the U.S. District Court for the District of New Jersey on August 17, 2026.

Do I need to do anything right now to be part of the Burlington lawsuit? 

No. There’s no claim form and no deadline yet. FLSA collective actions typically require workers to opt in later, once the court authorizes notice — that hasn’t happened.

When will the Burlington meal break case settle? 

There’s no timeline yet. The case was just filed, and no collective or class has been certified.

Can I file my own lawsuit against Burlington instead of joining the collective?

 Possibly — a wage and hour attorney can tell you whether an individual claim makes more sense than waiting on this case, especially if your state law gives you stronger remedies than the FLSA alone.

How will I find out if the Burlington lawsuit settles? 

Watch the docket directly, or check back here — we’ll add an update notice at the top if the case status changes.

What does “lead plaintiff” mean for the Burlington case? 

It doesn’t apply here. That term belongs to securities fraud cases — Terrell, Williams, and Marbee are proposed class and collective representatives instead.

What specific laws does Burlington allegedly violate?

 The complaint alleges violations of the Fair Labor Standards Act for the nationwide collective, plus California and New York wage-and-hour statutes for the state-specific classes.

How much could Burlington employees get if this case settles? 

Nobody can say yet. The amount would depend on how many workers join, how long the alleged practice lasted, and what the evidence shows about actual hours worked during deducted breaks.

Sources Used in This Burlington Article

• Law360 — “Burlington Accused Of Requiring Work During Unpaid Breaks,” August 19, 2026: https://www.law360.com/newjersey/articles/2514673
• Law Firm Coverage — Kehoe Law Firm, P.C., “Burlington Class Action: Unpaid Meal Break Claims”: https://kehoelawfirm.com/burlington-unpaid-meal-break-class-action/

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against Law360’s court reporting and independent law firm coverage of the filed complaint on September 7, 2026. Last Updated: September 7, 2026.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. For advice about your specific situation, consult a qualified attorney.