California Victoria’s Secret Workers File Class Action Over Allegedly Unpaid Bag Checks

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A proposed class action claims Victoria’s Secret workers are owed unpaid wages due to the retailer’s policy of subjecting every employee to a bag check before they leave the premises.

Filed against L Brands Inc.; Limited Brands, Inc.; The Limited, Inc.; and Victoria’s Secret Stores, Inc., the lawsuit out of California claims non-exempt workers have been denied minimum and overtime wages for time spent waiting in line and undergoing security checks after clocking out. According to the case, those who worked the stores’ closing shifts were required to wait for each employee’s bag check to be completed before being allowed to leave the store together after arming the security system.

Similarly, workers were allegedly unable to take full 30-minute meal breaks and 10-minute rest periods due to the defendants’ bag check policy. The suit claims employees are owed an hour’s worth of pay at their regular rates for each day for which they were not provided with California Labor Code-compliant breaks.

The lawsuit further alleges that workers were not paid proper overtime wages due to Victoria Secret’s failure to include bonus compensation—such as a “New Team Bonus,” “Bra Bonus,” “Bra Fitting Bonus,” “Sales Bonus,” “Term True Up,” “California True Up Waiting,” “Team Bonus,” and “Customer Sales Leading” bonus—as part of the employees’ regular rates of pay when calculating time-and-a-half overtime.

The case looks to certify several proposed classes that include current and former non-exempt employees who worked for the defendants in California any time since August 12, 2017, with one class looking to cover only those who worked within the past year.

The full complaint can be read below.