LOS ANGELES — A former employee of Forever 21, a well-known clothing brand, filed a proposed class action suit claiming that the retail store violated the California Labor Code. The plaintiff, Raalon Kennedy, proposed a class consisting of similarly-situated current or former sales clerks for Forever 21, and is seeking compensatory damages, payment of denied wages, and an injunction against Forever 21’s scheduling practice for on-call shifts which is being challenged in the case. Similar retailers like Hollister and BCBG Max Azria are also being sued over policies on scheduling on-call shifts in California state court.
On-Call Shift Scheduling Practice
In his suit, Kennedy claims that he and other store employees were regularly scheduled and required to show up for on-call shifts but were often sent home without any compensation when a store manager decided they were not needed. Kennedy states that, in reality, these on-call shifts are no different than regular shifts in that they also have a designated beginning time and quitting time, and Forever 21’s scheduling practice without the appropriate compensation violated employees’ wage rights under state law. Kennedy alleges that his on-call shifts were scheduled both after his regularly scheduled shift and on days when he otherwise was not required to work. The suit states that the scheduling practice takes a toll on employees, particularly those in low-wage sectors.
California Labor Orders on “Reporting Time Pay”
The California Industrial Welfare Commission issued an order to guarantee at least partial compensation for workers who report to their job expecting to work a specified number of hours but who are deprived of that amount of work because of inadequate scheduling or lack of proper notice by their employer. The order requires employers to pay nonexempt employees reporting time pay for certain unworked but regularly scheduled time.
The Commission orders that, each workday an employee is required to report to work, but is not put to work or is furnished with less than half of his or her usual or scheduled day’s work, the employee must be paid for half the usual or scheduled day’s work, but not less than two hours nor more than four hours, at his or her regular pay rate. Additionally, if an employee is required to report to work a second time in any workday and is furnished less than two hours of work on the second shift, he or she must be paid for two hours at the regular pay rate.
Employers must comply with the various federal and state requirements that protect employees from wage theft, including any state wage orders or policies. If you believe that you have been deprived of your wage duly-earned wages, you should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our wage lawyers will evaluate your situation and help you obtain the compensation that you are entitled to. Call our experienced attorneys today.