Converse Employee Seeks Class Cert. in Calif. Wage and Hour Lawsuit

A former retail employee of Converse Inc. asked a California federal judge to certify a class of more than 1,500 workers, alleging lost wages when they were forced to clock out prior to submitting to mandatory bag checks.

Plaintiff Eric Chavez claims that the famous shoe company violated California labor laws when it refused to pay employees for time spent in security bag checks before leaving the store for rest breaks, lunch breaks and at the end of their shifts.

Chavez alleges this violated wage and hour laws and is considered unpaid overtime.

Chavez argued that even Converse’s own director issued statements in support of class certification, as she confirmed that employees are asked to clock out at the rear of the store and then undergo a bag security check as they exit the front of the store, and this is common practice.

“Rather, and as supported by defendant’s own testimony, the logical process is for the employees to first clock out, then walk through the store, and finally get checked at the front entrance and released from the store, and thereby resulting in the security check being performed off-the-clock,” the proposed wage and hour class action lawsuit reads.

Chavez goes on to say that the testimony from Converse’s director supports the motion for class certification, claiming, “This admission alone, that it is common practice, mandates that class certification be granted as to the security check claim.”

The wage and hour complaint was originally filed in state court in California last July, and last August, Converse removed the lawsuit to federal court.

An amended complaint filed by Chavez in December alleged that the mandatory security policy enforced by Converse violated California wage and hour laws by failing to provide proper meal and rest breaks, failing to pay minimum wage and failing to pay overtime wages.

“As a pattern and practice, defendants regularly required employees to undergo security checks after clocking out for their meal breaks,” the amended complaint asserts. “In other words, before the employees could actually begin taking the off-duty meal break, defendants as a corporate policy and practice required these employees to undergo security checks even though the employees were clocked out and supposed to have been already taking their off-duty meal break.”

The proposed class would include 1,532 workers who are current and former employees of Converse retail stores in California from July 10, 2011 to the present, and a subclass of the same employees who received pay for overtime and additional nondiscretionary pay.

A number of retail stores are also facing similar wage and hour lawsuits over their bag checking security practices including Old Navy, Coach and Abercrombie and Fitch.

The plaintiffs are represented by Larry W. Lee and Nicholas Rosenthal of the Diversity Law Group, Dennis Sangwon Hyun of Hyon Legal and William Lucas Marder of Polaris Law Group.

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

Join a Free California Overtime, Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.

Get a Free Case Evaluation Now