Major Clothing Retailers Hit with California Labor Lawsuits

San Francisco, CATwo major clothing retailers have been hit with California labor lawsuits alleging the retailers violated California labor law relating to on-call shifts. The lawsuits seek class-action status on behalf of employees who were not properly paid for time spent reporting for on-call work. Under California employment law, employees must be paid a certain amount when they report for on-call work even if they are sent home.

The first lawsuit was filed against BCBG Max Azria by Robynette Robinson, who alleges she was not properly paid for time spent reporting for on-call work. According to the lawsuit, BCBG tells employees to consider on-call shifts as guaranteed work but frequently only gives them unreasonably short notice that they are not required for that shift. The lawsuit alleges that sometimes the on-call shifts are scheduled after a regular shift and others on days when employees are not regularly scheduled.

Despite not being paid properly for on-call shifts, employees allege that tardiness or missing on-call shifts is treated the same as if a regular shift were missed. The lawsuit alleges that the unpredictable work schedule and on-call shift requirement prevents employees from obtaining supplemental jobs, affects their personal time and forces parents to find childcare in case they are needed to work.

The lawsuit seeks class-action status and claims failure to pay reporting-time and unfair business practices.

Meanwhile a similar lawsuit has been filed against Forever 21, according to reports. The lawsuit was filed by Raalon Kennedy and makes similar allegations as Robinson does in her lawsuit against BCBG. Kennedy alleges Forever 21 does not pay its employees for reporting time even when employees report for work and are either sent home or work less than half the scheduled day’s work. Kennedy argues that the on-call shifts at Forever 21 have designated beginning and quitting times and are the same as regular shifts but are classified differently to avoid paying employees.

Under California employment law, employees who are not exempt must be paid for reporting time when they report to work but are either sent home or work less than half the scheduled days’ work. California labor law states that for each workday an employee is required to report to work but is either not put to work or is given less than half a scheduled day’s work, the employee must be paid for half the usual or scheduled day’s work (no less than two hours and no more than four hours).

As with the BCBG lawsuit, the Forever 21 lawsuit argues that the on-call shifts make it difficult for employees to find supplemental work or plan their personal time.

The BCBG lawsuit is Robinson v. BCBG Max Azria Group LLC, case number BC597311, in the Superior Court of the State of California, County of Los Angeles.

The Forever 21 lawsuit is Kennedy v. Forever 21 Retail Inc. et al., case number BC597806, in the Superior Court of the State of California, County of Los Angeles.