Ashley Milano  |  February 17, 2015

Category: Labor & Employment

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Victoria's SecretA wage and hour class action lawsuit filed against Victoria’s Secret alleges that the lingerie retailer scheduled employees to work, then revoked or cancelled shifts without informing employees, allegedly in violation of the Fair Labor Standards Act (FLSA) and various California labor laws.

According to lead plaintiff Mayra C., a former sales clerk for Victoria’s Secret, the popular lingerie company allegedly violated both the FLSA and California labor laws by mistreating its employees. Mayra alleges that Victoria’s Secret scheduled employees to work, then revoked or cancelled that shift without informing the employee. In these instances, the employees allegedly arrived at work before discovering that their “call-in” shift had been cancelled.

This allegedly cost the employees time and transportation costs which they would not have lost had Victoria’s Secret allegedly properly notified them ahead of time that their shift was cancelled.

More specifically, this anticipated $37 million wage and hour class action lawsuit alleges that Victoria’s Secret has violated several California and federal wage and hour laws by claiming that Victoria’s Secret has, on repeated occasions, locked employees inside the store after they have clocked out. Mayra explains that during the closing shift, employees complete their required tasks, clock out, and then must wait for a manager to unlock the doors.

The wage and hour class action lawsuit states, “[B]ecause this occurs after the employees have clocked out for the day, they are not compensated for time spent under their employer’s control, waiting to be let out of the store.”

Mayra, on behalf of similarly situated individuals, including employees who Victoria’s Secret classified as “non-exempt,” also asserts that Victoria’s Secret failed to pay reporting time for regularly scheduled shift and call in shifts, as well as failed to keep the required records, failed to provide accurate wage statements, and participated in conduct that amounts to unfair business practices.

The result, according to the Victoria’s Secret class action lawsuit, is hours of unpaid wages that employees did not receive as a result of being made to wait at the discretion of their employer.

Victoria’s Secret Stores LLC filed a motion to reduce the putative wage and hour class action lawsuit but U.S. District Judge George Wu dismissed the motion stating the company should have raised these arguments in an earlier dismissal motion.

While Judge Wu rejected Victoria’s Secret’s request to trim the putative class action lawsuit, he did agree to the retailer’s first motion to dismiss, ruling that the call-in employees were not entitled to recovery under a California labor law, known as Wage Order 7-2001, entitling employees to pay when they report to work but are furnished less than half of their scheduled shift.

Off the Clock Work Laws

Federal and state labor laws prohibit employers from permitting employees to do off-the-clock work without pay. Employers must pay workers for all work that they knew about or should have known about. Not surprisingly, many employers look the other way while employees perform unpaid work voluntarily or under pressure.

Federal Law: The Fair Labor Standards Act (FLSA) requires employers to pay for all hours worked, whether or not those hours are properly recorded on time cards or time sheets. Under the FLSA, a work day begins when an employee starts their first work-related activity, and ends when they finish their last work-related activity of the day.

California Labor Law: California labor law defines “hours worked” as “the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.” The California Division of Labor Standards Enforcement has interpreted this definition to extend beyond an employee’s scheduled shift, including instances involving pre- and post-shift duties.

The Victoria’s Secret Wage and Hour Class Action Lawsuit is Case No. 2:14-cv-06412, in the U.S. District Court for the Central District of California.

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One thought on Class Action: Victoria’s Secret Violated California Labor Laws

  1. Tina Sasuga-Paludi says:

    Hello,
    I am reaching out. My name is Tina, a former employee with Victoria’s Secret. My seasonal holiday sales position coincided with EDD unemployment claim and weekly certification within the calendar year of the “on call” class action lawsuit. I want my money back please. I need to contact the attorney in charge of awards for the employees effected by the timeline and lawsuit settlement. Please contact me immediately with any information leading to my collecting the percentage if any award I am to receive from this lawsuit. Thank you for your cooperation in this matter. My post has gone missing from my Hermosa Beach Post office Box at the Hermosa Beach Post office.

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