Loss Prevention Specialist Denied Relief from Duties Files Target Rest Break Lawsuit

A former employee has filed a Target rest break lawsuit against the company in California court, saying the company allegedly prevented him and other employees from taking their mandated meal and rest breaks.

As a prevention specialist at Target, plaintiff C.H. accuses Target of making him and other non-exempt employees perform work-related tasks during their meal and rest breaks. Such mandated work is a violation of California’s labor statutes and Unfair Competition Law, he argues.

The Target rest break lawsuit claims, “Defendants uniformly administered a corporate policy and practice of failing to provide unfettered meal periods, failing to provide unfettered rest periods and failing to provide accurate itemized wage statements.”

C.H. says he was instructed to stay at the store and to carry his radio with him at all times. He was ordered to answer calls made to him during his breaks and meal periods during his time as a prevention specialist from May 2015 through December 2016.

California labor laws are more generous to employees than those at the federal level. A non-exempt worker in California is entitled to a 30-minute meal break if five or more hours are worked in one day and a 10-minute break for every four hours worked.

Rest breaks must be paid, and workers cannot be required to work during a rest break.

Employees must be relieved of all work-related duties during their 30-minute meal breaks.

Any employer who fails to comply with California’s rest and meal break requirements is required to pay the worker one extra hour of regular pay for each day that a break violation occurred.

Target Rest Break Lawsuit Seeks Restitution for Employees

The putative class action suit alleges Target also ordered other employees to work during their rest and meal breaks, meaning these breaks were illegally disallowed.

On behalf of himself and fellow plaintiffs, C.H. seeks restitution, unpaid wages, penalties and attorneys’ fees and costs.

The Target rest break lawsuit asks the California state court to certify a rest break Class of Target employees who worked 3.5 hours or more on any shift since March 6, 2013.

Additionally, the lawsuit requests that three subclasses of California loss prevention department employees to be certified as well, including:

• Those who worked for five hours or more during a shift;
• Those who worked 3.5 hours or more during a shift; and
• Those who worked any number of hours in the loss prevention department.

C.H. believes thousands of California Target employees could qualify to participate in the Target rest break lawsuit.

The lawsuit alleges that if class members were required to individually litigate their claims, Target would have an “unconscionable advantage” with the company’s “vastly superior financial and legal resources.”

The Target Rest Break Lawsuit is C.H. v. Target Corp., Case No. BC653367 in the Superior Court of the State of California, County of Los Angeles.

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