One of the biggest expenses retailers have relates to “shrinkage,” or shoplifting. Few would dispute that stores have the right to take reasonable steps to prevent theft, and we all benefit when loss prevention leads to lower costs and lower prices. Unfortunately, many retailers take their otherwise-legitimate concerns related to shrinkage to extremes, going so far as to search their own employees’ bags before they can leave the store after work.
As if this sign of distrust is not enough, many retailers add injury to insult by not paying their employees for the time it takes to perform the so-called bag check. Instead, employees are required to clock out, and then proceed to the front of the store where they have to wait as long as ten minutes, if not more, before they can leave the store. Retailers who do this are breaking the law.
All states have wage and hour laws that forbid employers from making hourly employees spend their own time or work without compensation. In fact, many states provide for minimum statutory compensation for employees who are victimized by unscrupulous employers who refuse to pay for time spent on employer-mandated activities like bag checks. If you or someone you know has been forced to submit to bag checks or other off-the-clock work or time requirements (such as time spent changing into uniforms or preparing work stations), please contact us to discuss your legal options.