Ross Dress for Less Allegations: Company Owes Non-exempt Employees Off-the-Clock Wages – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on October 24, 2012

According to a class action Complaint filed against Ross Dress for Less on June 06, 2012, the discount chain department store failed to pay their non-exempt employees for all hours worked. The wage and hour class action Complaint, which was filed by the Los Angeles employment attorneys at Blumenthal, Nordrehaug & Bhowmik, alleged that 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. This essentially “added 10 minutes or more of unpaid work in a day per employee.”

The California Labor Code requires non-exempt employees to be paid for all time worked. “When employees are forced to remain on the premises for security checks, they are still under their employer’s control, and should be compensated for that work time,” stated Blumenthal, Nordrehaug & Bhowmik’s Founding Partner Norman B. Blumenthal.

On August 13th, 2012, Ross moved for arbitration alleging that the Plaintiffs named in the lawsuit each signed an arbitration agreement and the arbitration agreement seeks to deny class and representative claims. If the Court accepts this argument, only the employees who have been named in the Complaint will be able to proceed with their claims and seek a recovery. Veloz, et al. v. Ross Dress For Loss, Inc., Case No. BC485949 is currently pending in the Los Angeles County Superior Court.

If you are a Ross Dress for Less employee subjected to unpaid security checks or "Code 50s, 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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