Abraham Jewett  |  January 17, 2023

Category: Labor & Employment

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Target symbol displayed at the entrance to a store.
(Photo Credit: Sundry Photography/Shutterstock)

Target overtime class action lawsuit overview: 

  • Who: Luis Cortez filed a class action lawsuit against Target Corp. 
  • Why: Cortez claims Target fails to properly workers at its distribution centers in Illinois for their time spent going through security screenings and walking to their work areas to clock in. 
  • Where: The class action lawsuit was filed in the Circuit Court of Cook County, Illinois.

Target fails to compensate workers at its Illinois distribution centers for their time — and overtime — spent going through security screenings prior to clocking in and out of work, a new class action lawsuit alleges. 

Plaintiff Luis Cortez claims Target’s alleged failure to compensate workers for their time going through mandatory security screenings ultimately led to workers’ not being paid proper overtime and other earned compensation. 

Cortez argues Target also fails to compensate workers for their time spent walking from the security screenings through the distribution center in order to clock-in at or near their assigned work locations. 

“This pre-shift security screening and walking time and post-shift security screening time should have been paid by Target because it constitutes compensable time worked,” the Target class action states. 

Cortez wants to represent an Illinois class of all current and former hourly paid Target employees who worked at a Target distribution center in Illinois for at least a week within the last three or ten years. 

Law requires compensation for time spent in security screenings, class action says

The time Target employees spent completing the security screenings and walking to their work areas to clock in — and then waiting in line to complete security screenings after clocking out — constitutes “hours worked” under Illinois law, the Target class action alleges. 

“In light of Target’s conduct in not compensating Class Members for required security screenings and walking time in the facility, Plaintiff and Class Members are owed significant unpaid wages and penalties,” the Target class action states. 

Cortez claims Target is violating the Illinois Minimum Wage Law and the Illinois Wage Payment and Collection Act with its alleged failure to “pay all earned wages to its Illinois employees.” 

The plaintiff is demanding a jury trial and requesting declaratory relief along with an award of unpaid wages, liquidated damages, penalties, interest and/or restitution for himself and all class members. 

Target agreed last month to settle for an undisclosed amount a separate class action lawsuit filed by a consumer arguing the company mislabeled some of its cosmetic products as “oil-free.” 

Have you been underpaid by your employer? Let us know in the comments. 

The plaintiff is represented by Douglas M. Werman and Maureen A. Salas of Werman Salas PC, Peter Winebrake and Deirdre Aaron of Winebrake & Santillo LLC and Krysten Connon of Lichten & Liss-Riordan PC.

The Target overtime class action lawsuit is Cortez, et al. v. Target Corp., Case No. 2023CH00280, in the Circuit Court of Cook County, Illinois. 


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One thought on Target class action claims retailer failed to pay workers overtime for security screenings

  1. Heather ortiz says:

    I worked for Target for about 3 years. My son had got sick and shortly after I became sick because of Covid. I spoke to H.R. in regards to my sick leave and Covid pay. He told me that I had sick time and emergency Covid time that I would be able to use for being out because of my son and I. I never got paid out for my sick days. However, I did get paid out my emergency Covid days. What I’m disputing is my sick days. I quit shortly after due to caring for my children. I feel that I was retailiated on by not being paid my sick days

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