A group of workers recently proposed an unpaid wages class action lawsuit against a subsidiary of retailer Staples Inc.

The proposed unpaid wages class action lawsuit alleges that warehouse workers have been subjected to a number of labor law violations, such as wages for time spent undergoing security checks and unpaid wages during breaks.

The judge in charge of the case, Los Angeles Superior Court Judge Kenneth J. Freeman, tentatively greenlit the proposed unpaid wages class action lawsuit.

Though Staples tried to have some of the claims against it waived or removed from the proposed class action, Judge Freeman ultimately did not grant the company’s request.

The lead plaintiff in this unpaid wages lawsuit, Kenya Lawson, who worked as an order picker for Staples through February 2014.

She filed her unpaid wages lawsuit in April 2014, claiming that Staples required that employees clock out prior to undergoing mandatory security checks before breaks or the end of their shift.

Lawson claims that this time should have been spent on the clock, and offered payment.

The lawsuit also alleges unpaid wages at termination, unfair competition, and inaccurate wage statements.

Staples argued that these claims were derivative of meal period claims that had been dismissed by Judge Freeman, and should therefore be dismissed as well.

However, the judge found that these claims, while partly based on meal period violations, were also derive from allegations over end-of-the-day violations regarding clocking out.

According to the unpaid wages lawsuit, because employees were under the direct control of Staples during security checks, they should be paid proper wages for that time.

In some applicable cases, employees should be paid overtime or double-time wages for this time, the lawsuit alleges.

Lawson claims in the lawsuit that the process employees underwent for these security checks was “systematic and continuous, and led many employees to forgo required meal and rest breaks simply because it became futile to try to take a break.”

The lawsuit draws a comparison to “airport style inspections,” claiming that these mandatory security checks could take 10 or more minutes of employees’ required 30-minute meal break, or 10 to 20 minutes at the end of a shift.

Furthermore, the unpaid wages lawsuit claims, employees were afraid of returning to work late from break because of the security checks.

Unpaid Wages Class Action Lawsuits

For employees and former employees of companies who, like Lawson, believe they have been subjected to unpaid wages or even paid unfair wages, there are federal and state laws put in place.

These laws are set to ensure the fair treatment of workers.

Some workers may choose not to pursue litigation, afraid that their employers will retaliate against them if they speak up about FLSA violations in the workplace like unpaid wages.

However, FLSA rules that protect workers’ rights also protect workers from any retaliation by their employers based on wage and hour complaints.

If you have worked for an employer like Staples or a subsidiary that has failed to follow the Fair Labor Standards Act or state labor laws, including unpaid wages, you may be able to either join a wage and hour class action lawsuit or file a lawsuit individually.

The Staples Unpaid Wages Class Action Lawsuit is Kenya Lawson v. Staples Contract and Commercial Inc. and Does 1 through 25, inclusive, Case No. BC542237, in the Superior Court of the State of California, County of Los Angeles.

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