A statewide collective/class action has been filed in Illinois against the TJX Companies, who operate Marshalls, the discount clothing giant. The action is brought on behalf of all Illinois residents who have been employed by Marshalls in the period since February 2001 as hourly employees. The action is brought under both the federal Fair Labor Standards Act and Illinois wage and labor laws and seeks back pay, compensatory, statutory, liquidated and punitive damages as well as injunctive and declaratory relief. Under the Fair Labor Standards Act, all those who wish to join the collective action must voluntarily "opt-in" in order to be considered a member of the class. The employees have requested that the court issue notice to all potential claimants.

According to the employees, Marshalls has engaged in an intentional and systematic practice of requiring its hourly employees to work during lunch breaks. The employees claim that in many instances, time worked during lunch, and off of the clock, accumulates to the point where the employees have worked in excess of 40 hours per week. Under both Illinois wage and labor law and the federal Fair Labor Standards Act, all "non-exempt" hourly employees are entitled to pay at the minimum rate of time and a half for all hours worked in excess of 40 per week. The employees claim that Marshalls, as policy, does not pay them overtime compensation. Additionally, the employees claim that they are not paid at all for the hours worked during lunch breaks, which violates Illinois minimum wage laws. The employees claim that these actions have been willful and intentional, entitling them to both liquidated damages under federal law and punitive damages under state law.