Rite Aid Uniform Class Action Lawsuit Overview:
- Who: Kristal Nucci, Kelly Shaw and Ana Goswick filed a class action lawsuit against Rite Aid Corporation.
- Why: The plaintiffs allege Rite Aid Corp. forced them to buy their own work uniforms without reimbursement.
- Where: The class action lawsuit was filed in California federal court.
A class of about 26,000 current and former Rite Aid workers have asked a California judge to approve a $12 million settlement that would make the company pay them damages for having them buy uniforms at their own expense.
The motion asks District Judge Lucy H. Koh to preliminarily approve the settlement, which would provide the workers with immediate relief prior to “the uncertainty and delay through lengthy trials and appeals,” according to the motion.
The settlement provides an average reimbursement of $600 gross and $365 net to each class member, which includes the cost of the uniform plus a compromised amount for potential penalties. The uniform included navy blue tops and khaki bottoms, which followed Rite Aid’s “Team Colors” dress code.
“In contrast to litigating and appealing this suit, resolving this case by means of the settlement will yield a prompt, certain and very substantial recovery for the class members,” the motion states. “Such a result will benefit the parties and the court system. It will bring finality to the action and will foreclose the inevitability of expanding litigation.”
Rite Aid Violated California Law by Making Employees Purchase Uniforms at Their Expense, Class Action Alleges
Rite Aid employees allege the company forced them to buy their own work uniforms without reimbursement in violation of California law.
The workers filed the class action lawsuit in March 2019, saying the company violated California law by not reimbursing workers for the uniforms they had to buy. Rite Aid has a policy where workers must wear navy blue tops and khaki bottoms in certain styles.
Rite Aid hit back, saying its store-issued vests were also an option, therefore it was a worker’s personal choice if they bought a uniform. However, the workers argued it didn’t matter if a store-issued vest was an option because, in 71.5 percent of the stores, there were no vests available.
California employees who have been required by their employer to purchase necessary tools or items to complete the tasks of their jobs may qualify for reimbursement, regardless of how much time has passed.
The California Labor Code Section 2802 states: “An employer shall indemnify (i.e. reimburse) his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer.”
Employees who are required or expected to use their personal property for their work, including computers, cell phones, and tools, may be able to recoup these expenses from their employer. Click here for more information.
Have you had to pay uniform expenses out of pocket at a job? Let us know your experience in the comments!
The employees are represented by Randall B. Aiman-Smith, Reed W.L. Marcy, Hallie Von Rock and Brent A. Robinson of Aiman-Smith & Marcy PC.
The Rite Aid Uniform Class Action Lawsuit is Nucci et al. v. Rite Aid Corp. et al., Case No. 5:19-cv-01434, in the U.S. District Court for the Northern District of California.
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8 thoughts onRite Aid Employees Ask Judge to Approve $12M Settlement Over Work Uniforms
I worked for Rite Aid and yes we had to buy are own shirts, was not aware of the Class Action Suit.
In NY, we had to purchase khaki bottoms and dark blue shirts. A few years ago it changed to dark bottoms we still have to purchase and they provide two(for FT) grey shirts ( that are hot and stay wrinkly).
I’ve been working at Rite Aid for 7yrs. When I first started in 2015 they allowed me to wear anything I wanted (without holes) until I got my first paycheck. I did not know these vest existed. As soon as law suit started they allowed jeans (no holes) and company tshirt. Now they give the front end these pullover grey shirts and pharmacy royal blue lab coats and allow any material bottoms without holes. This new policy seems fair. It was a disappointment that I had to use the majority of my first paycheck on there required dress code. I was always having to buy new khakis because I work 5 days a week and the color would get stained. Also didn’t enjoy wearing khaki in the winter months or on rainy days. Pharmacy bins from the truck are always filthy and my pants always got dirty from doing the truck.
I received a paper saying I qualify how did opt in
Some stores did have some vests but we were told by management not to wear them we had to be in team colors. Thats why they won’t take it to court they are lying about vests as a option. There was not option. We were giving documentation when hired about the dress code. And the policy about enforcement of said dress code was clear and available to employees. Shortly after this suit was filed they gave us shirts. We still have to buy our own team color pants.
They took vests away I think they we’re afraid we would steal things they watch employees to see if they are stealing things but they let customers walk out with stuff and nothing is done about it they don’t lock up high theft items like perfume and they won’t pay a loss prevention person to watch the store but though grill a employee about a two dollar Coke
It was not a choice between wearing a vest or the “team colors” we were forced to wear both !
Navy & Khaki were required and new hires were told they had to be in team colors. The vests were for those who came to work without team colors & basically made feel bad about having to wear the vest. Mgmt threw away vests as everyone was required to be in team colors . I