Class Action Claims Calif. Victoria’s Secret Employees Owed Wages for Time Spent in Temperature Screenings

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Victoria’s Secret Stores, LLC and L Brands, Inc. face a proposed class action over their alleged failure to pay employees for time spent undergoing COVID-19 temperature screenings prior to clocking in for their shifts.

The screenings, according to the 16-page suit, should be treated as compensable work time and paid at the workers’ hourly rates. Nevertheless, Victoria’s Secret employees have been required to wait an average of five minutes, “and sometimes even longer,” per shift to get their temperatures checked without being paid for this time, the case claims.

The plaintiff says she worked at the defendants’ Visalia, California Victoria’s Secret between November and December 2020 and typically put in 16 hours of work per week. As a matter of course and in response to the COVID-19 pandemic, the defendants have required all employees at their California locations to undergo temperature screenings before clocking in for their shifts, the plaintiff relays. Per the case, the workers have not been paid for this off-the-clock time spent under the defendants’ control.

The lawsuit alleges the defendants’ conduct has been “willful” and is not based on good faith and reasonable belief that their pay practices complied with California law.

“Defendants’ conduct is willful, is carried out in bad faith, and causes significant damages to non-exempt hourly employees in an amount to be determined at trial,” the complaint argues.

The case looks to represent current and former hourly, non-exempt workers employed at any California Victoria’s Secret store since March 4, 2020.

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