On April 15, 2021, class claims were filed in federal court in the Eastern District of California against Victoria’s Secret Stores LLC (“Victoria’s Secret”) and its parent company, L Brands Inc., by a group of employees who alleged that they were denied payment for all hours worked because of company compelled temperature screenings while off the clock.
In the complaint, named plaintiff Monique Tirado alleges that Victoria’s Secret’s conduct violates California law by knowingly and willfully requiring employees to perform work and/or remain on duty for the benefit of the store while technically off the clock. Specifically, the plaintiff alleges that employees are required to report to work early for their shifts and then wait, up to five minutes, to receive a temperature check before being allowed to clock in and officially begin their shift.
The plaintiff is seeking to represent a class made up of all current and former hourly non-exempt employees at any Victoria’s Secret store throughout California during the time period beginning March 4, 2020 until resolution of this action. The suit brings causes of action for failure to pay for all hours worked pursuant to the California Labor Code Section 204, failure to pay minimum wages, failure to provide accurate itemized wage statements pursuant to Labor Code Section 226, waiting time penalties pursuant to Labor Code Sections 201-203 and violation of California Business and Professions Code Section 17200.
The case is: Tirado v. Victoria's Secret Stores LLC, et al., Case No.: 1:21-cv-00636, in U.S. District Court for the Eastern District of California.
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