Converse Employees Win Certification in California Bag Check Class Action Lawsuit

In a win for employees, a California bag check class action lawsuit against Nike subsidiary Converse was certified with a class of 1,500 current and past employees who are or were non-exempt from overtime pay by the company.

U.S. Magistrate Judge Nathanael M. Cousins granted the California bag check class action lawsuit certification claiming the shoe company failed to compensate workers for the time they spent undergoing mandatory security checks.

Judge Cousins noted that named plaintiff Eric Chavez’s claim that all class members were forced to participate in the off-the-clock security bag checks was sufficient enough to show common questions of law for all class members.

“For the purposes of class certification, the court finds that Chavez has demonstrated that most, if not all, Converse stores are set up such that an employee would necessarily be off-the-clock when a bag check occurs,” the judge wrote in a six-page ruling. “Thus, there are common questions of fact and law and that the answers to those questions will drive resolution of the litigation.”

Additionally, Judge Cousins said Chavez’s claims are typical of the class, and despite no longer working for the company, Converse admitted that it hasn’t changed its security bag check policy since 2015.

“The court concludes that Chavez’s injuries are typical because he has established that he was subjected to a bag check off-the-clock,” the judge stated. “The duration and frequency of the bag checks relates to Chavez’s damages claim, not liability. Thus, Chavez has demonstrated typicality.”

Converse California Bag Check Class Action Lawsuit Allegations

Chavez filed the California bag check class action lawsuit on behalf of California workers at Converse Inc. in 2015, seeking to establish a class of “hundreds, if not thousands” of nonexempt employees who worked at Converse retail stores since 2011 and were subject to off-the-clock security checks at the end of their shifts.

In an amended complaint, Chavez also alleged that Converse’s mandatory security policy violated California labor laws.

California labor law requires hourly employees be paid for all time spent in work related duties, but when it comes to issues such mandatory employee bag checks, the rules are not always clear.

California labor lawsuits have been filed against employers alleging employees are required to spend unpaid time carrying out activities that are required for their jobs, such as logging on and off computers, putting on uniforms, and security checks.

In some cases, the courts have found that employees should be compensated for this time.

In the Converse California bag check class action lawsuit, the plaintiffs allege that the Nike subsidiary failed to pay for the time workers spent undergoing mandatory security checks and failed to give proper meal breaks.

“We believe that the ruling is consistent with many of the other cases pertaining to security checks and that employees should be paid for any such off-the-clock security checks,” said Chavez’s attorneys.

The Converse California Bag Check Class Action Lawsuit is Eric Chavez v. Converse Inc. et al., Case No. 5:15-cv-03746, in the U.S. District Court for the Northern District of California.

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