Victoria’s Secret worker’s class action lawsuit over COVID-19-related temperature checks on hold

Update:

• On March 9, 2023, U.S. District Judge Jennifer L. Thurston granted a stay in the coronavirus class action lawsuit Tirado, et al. v. Victoria’s Secret, et al, until earlier lawsuits with similar claims are resolved (2017’s Ochoa v. L Brands, et al.; 2019’s Lee v. Victoria’s Secret, et al. and Cortes v. Victoria’s Secret, et al.; and 2020’s Velazquez, et al. v. L Brands, et al.).
• The judge also granted Victoria’s Secret’s request to take judicial notice of proceedings from the lawsuits as they have “a direct relation to matters at issue.” Tirado did not oppose.
• However, the judge denied without prejudice the motion to dismiss despite Victoria’s Secret arguing under the Colorado River doctrine, which permits dismissal of similar cases. Although the cases claim unpaid wages, “they may not share substantial similarity in the underlying employment practice and policies that created those claims.”

(April 17, 2021)

Lingerie giant Victoria’s Secret has a dirty secret of its own: underpaying workers and making them work off-the-clock, alleges a new class action lawsuit.

The class action was filed in California federal court on April 15 by lead Plaintiff Monique Tirado, who alleges Victoria’s Secret LLC and L Brands Inc – which jointly operate Victoria’s Secret stores – have been underpaying hourly workers and violating minimum wage laws.

Tirado says in the claim that hourly workers are not paid for daily temperature testing, a mandatory COVID-19 health and safety protocol, which can take more than five minutes at the start of every shift.

Tirado worked at a Victoria’s Secret store in Visalia, California, between November 1, 2020, and December 6, 2020, where she was paid $14 an hour. She worked at the store four days a week in shifts between four and five hours, explains the class action.

Since March 4, 2020, Victoria’s Secret locations have required staff to undergo a temperature screening prior to clocking in for the start of their scheduled shifts.

Tirado and other employees are required to wait on average 5 minutes, and sometimes even longer, before their shift begins. “This time spent waiting for temperature checks is compensable, but nevertheless goes unpaid,” states the claim.

Due to the COVID-19 temperature check policies enforced by Victoria’s Secret, the class action alleges, the retail corporation maintained a working environment where “hourly employees are routinely compensated at a rate that is less than the statutory minimum wage.”

“Defendants’ conduct is willful, is carried out in bad faith, and causes significant damages to non-exempt hourly employees in an amount to be determined at trial.”

Tirado is suing the companies to recover all unpaid wages, compensation, penalties, and other damages on behalf of herself and Class members. She wants to represent all current and former hourly, non-exempt workers employed at Victoria’s Secret stores throughout California since March 4, 2020.

She is filing the class action for violations of the California labor and business codes.

Also in California, Amazon employees are filing a class action lawsuit against the company for allegedly failing to give employees scheduled breaks, not paying them for missed breaks, and not reimbursing them for business calls made on private phones. 

Do you have to take a temperature check before starting your shift at work? Are you paid for that time? Let us know in the comments section!

Tirado is represented by Carolyn H. Cottrell, Ori Edelstein, Michelle S. Lim, and Philippe M. Gaudard of Schneider Wallace Cottrell Konecky LLP.

The Victoria’s Secret Lost Wages Class Action Lawsuit is Tirado v. Victoria’s Secret, LLC., et al., Case No. 1:21-cv-00636-NONE-SKO, in the U.S. District Court for the Eastern District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

• Walmart class action claims company did not provide clean uniforms to employees
• Amazon class action claims company asked employees for medical histories on applications
• Remote work favorable among employees, report finds