California worker sues specialty clothing retailer for back wages and overtime

A California worker is filing a class action lawsuit against her national specialty clothing store employer for shorting her pay. Filing on behalf of other California employees who worked for an hourly rate for the retailer, the lawsuit argues that on multiple occasions the company failed to compensate employees for all time worked.

The business required employees to submit to security searches before exiting the store for breaks and at the end of the day after workers had already clocked out, meaning they were not paid for required time spent on site.

According to law papers, the suit also alleges that the nature of the timekeeping system allowed supervisors to change employee hours in order to avoid paying overtime. The "mutable" timekeeping system enabled the clothing company to "systematically, unlawfully and unilaterally manipulate the time records."

Claiming the defendants willfully violated California labor laws, the named plaintiff is seeking unpaid wages and interest in addition to civil penalties.

The case is currently pending in the San Diego County Superior Court for the State of California.

To avoid lawsuits, employers must retain accurate and truthful employee time records. In addition, time taken for mandatory employee loss prevention checks should be compensated.


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