The federal Fair Labor Standards Act (FLSA) is a law that was put in place to protect all employees working within the United States. Among other things, the FLSA regulates the national minimum wage and overtime. In addition to this federal law, many states have their own laws to govern employers and make sure they are not taking advantage of their workers. Any employer conducting business within the United States must make sure that they are acting in accordance with both the FLSA and all relevant state laws.
According to a recent class action lawsuit filed by Mayra Casas, a former sales clerk for Victoria’s Secret, the popular lingerie company allegedly violated both the FLSA and California Labor Laws by mistreating its employees. Casas alleges that Victoria’s Secret scheduled employees to work, then revoked or cancelled that shift without informing the employee. In these instances, the employees allegedly arrived at work before discovering that their “call-in” shift had been cancelled. This allegedly cost the employees time and transportation costs which they would not have lost, had Victoria’s Secret allegedly properly notified them ahead of time that their shift was cancelled.
The lawsuit also alleges that Victoria’s Secret failed to pay employees for time that they spent working, for time lost to “call-in” shifts, and committed unfair business practices by locking employees in the stores against their will. Far from a one-time fluke, the complaint alleges that “employees who work a closing shift routinely find themselves locked in the store at the end of the daily operational hours and must await a manager to permit them to leave the store. Because this occurs after the employees have clocked out for the day, they are not compensated for the time spent under the employer’s control[.]” Continue reading