California Labor and Employment Attorneys Blumenthal, Nordrehaug & Bhowmik Target Walgreens, Ross Dress for Less, Forever 21, and Tommy Bahama for Failing to Pay Employees for Time Spent in Security and Bag Checks

by Norman B. Blumenthal on November 19, 2012

The California labor and employment attorneys Blumenthal, Nordrehaug & Bhowmik have targeted several large retailers. According to the class action Complaints, Ross Dress for Less (filed June 06, 2012), Tommy Bahama (filed May 10, 2012), Walgreens (filed May 9, 2012), and Forever 21 (filed June 29, 2012) all failed to pay their employees for the time spent waiting for and submitting to security and bag checks.

At Ross Dress for Less, employees were forced to endure security searches for stolen goods AFTER they were required to clock out at the end of their work shifts. Tommy Bahama routinely detained employees after their paid work shift ended so other employees could conduct bag and body searches for company merchandise. Walgreens and Forever 21 both required employees to go off the clock, then wait and submit to a bag check by management before leaving the premises.
According to the four complaints, these forced security and bag checks essentially added 10 minutes or more of unpaid work in a day per employee which resulted in a systemic underpayment of overtime compensation.

The California Labor Code requires non-exempt employees to be paid for all time worked. Norman B. Blumenthal, founding partner of Blumenthal Nordrehaug, & Bhowmik stated “Any time you are subject to your employer’s control, you should be getting compensated for that work time."
All four cases are currently pending.

If you are a Ross Dress for Less, Walgreens, Tommy Bahama, Forever 21, or any other retail employee subjected to unpaid security or bag checks, contact Blumenthal, Nordrehaug & Bhowmik. Blumenthal, Nordrehaug & Bhowmik is an experienced California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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