Los Angeles Superior Court Judge Richard Rico indicated he will certify a class of more than 40,000 Caremark CVS Corp. employees who were not compensated for time spent in security inspections/getting their bags checked.
The law in this regard is clear that employees must be compensated for all of the time that they are “subject to the control of the employer.” CVS has had a policy of having their employees clock out and wait near the front of the store for a manager or loss prevention agent to check their bags before they can leave the store. This time that they spent waiting and having their bags checked was not compensated and violates California law.
Judge Rico indicated that he believes that this case is suitable to proceed as a class action because the bag check requirement meets the commonality requirement in that the question of whether CVS’ policy is unlawful “can be determined for all the class members without an individualized inquiry because the method of compensation is the same for all class members” Judge Rico said in a tentative ruling on the plaintiffs’ motion for class certification wherein he granted certification a class of all nonexempt employees in California CVS stores.
If you have been subject to security inspections and/or bag checks before you can leave the premises for lunch or the end of your shift, you may be entitled to compensation. Call Aegis Law Firm for a free consultation.