There is little doubt that every major retailer has to deal with “shrinkage,” or shoplifting. Of course, retailers should be able to undertake reasonable measures to reduce shoplifting, and consumers benefit when loss prevention leads to lower costs and prices. Unfortunately, Sephora appears to have taken its fear of shoplifting too far. In fact, Sephora subjects its employees to a time consuming and invasive bag checks before they can leave the store after work. Adding injury to insult, Sephora does not pay its employees for the time it takes to perform the bag check. Instead, employees are required to clock out, and then endure the search, which can take as long as ten minutes, if not more. Doing so appears to be a violation of 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 works, or has worked, for a Sephora and was subjected to uncompensated bag checks or other off-the-clock, please contact us to discuss your legal options.