A $12 million settlement has been reached and officially approved in the call-in shift lawsuit against Victoria’s Secret stores alleging that workers were not paid appropriately for their time when they called in and were told to stay home.
A former Victoria’s Secret employee first filed the wage and hour lawsuit alleging a violation of California laws and the Fair Labor Standards Act. She and other employees stated that among other violations, they were locked inside the store during closing shifts—after clocking out—and not paid for their time.
Approximately 40,000 Victoria’s Secret employees were included in the class-action settlement, and the call-in shift lawsuit was initially filed in 2014. The call-in shift policy used by Victoria’s Secret required that employees contact the store first thing in the morning to determine whether or not they were needed for a particular shift. However, those employees were never compensated for their time if they were told not to come.
At the initial stages of the call-in shift lawsuit, the plaintiff’s claims were dismissed under the interpretation of California’s wage and hour laws that employees are not owed pay if they do not physically report to their place of work.
Labor laws in California and at the federal level are designed to ensure that all employees are paid fair wages for the hours worked and to ensure working in a safe environment. The employee who filed the call-in shift lawsuit appealed the decision to the Ninth Court and the retailer struck a deal in mediation after several claims in the initial suit were dismissed. The settlement payments for the call-in shift lawsuit are based on how long they worked for the company, expenses and fees to attorneys, and enhancement payments to the lead plaintiffs.
The settlement payments for the call-in shift lawsuit are based on how long they worked for the company, expenses and fees to attorneys, and enhancement payments to the lead plaintiffs.
Victoria’s Secret and other retailers have since updated their policies that require individuals to block off time for a shift they may not necessarily need to work. The call-in shift lawsuit has raised awareness around the industry by exposing companies to potential risks of class action claims of their own.
California labor laws outline that an employee must be paid for his or her reporting time for an on-call shift to the tune of what’s equal to two hours of work if called in for less than an hour or a payment equal to half of the shift if the employee doesn’t work at all that day.
Under state laws, “hours worked” includes the time during which an employee is under the control of the employer, typically interpreted to include pre-and post-shift responsibilities.
Whether or not hours are appropriately recorded on timesheets on timecards, the Fair Labor Standards Act requires employers to pay for all hours worked by an employee. The FLSA stipulates that this begins with the first work-related activity and ends with the last.
If you believe that you’ve been subjected to a violation of California wage and hour laws, you could be eligible to file a call-in shift lawsuit or related claim. Contact the experienced attorneys at Bradley/Grombacher today for a FREE case evaluation.
