Class Action in San Marcos
Posted on 19-May-09 by The Timekeeper
From a Bloomberg article comes the news of a wage and hour related class-action lawsuit filed in California. Allegedly, managers at a Costco in San Marcos (and, apparently, elsewhere in California, as the suit seeks to represent several hundred workers) keep workers locked in the store after they’ve made them clock out for the day. They have to wait for a manager to show up, unlock the doors and let them out.
Supposedly, according to the workers’ lawyer, the move is due to “ loss prevention or security concerns.” Honestly, I can see where locking the doors once the store is closed, and having a manager let workers out, would address those concerns. I mean, you could make sure employees went in a group to the parking lot instead of individuals wandering out there alone, where they might become victims of robbery (or worse). Locked doors prevent bad guys from entering the store after hours and wreaking havoc. And you could check bags and packages as people leave to make sure they’re leaving with only the same stuff they brought in (or that they legitimately purchased while there).
So there is some justification for keeping the doors locked once the store is closed for the day.
But you can’t make your workers clock out, then force them to stand around waiting for some period of time off the clock while waiting for a manager to come around and let them out. It’s sort of like the reverse of the car wash story I reported awhile back (interestingly enough, also in California) — you know, where the car wash owners would make workers show up to work on time, but wouldn’t allow them to actually clock in until the first customer showed up?
Same principle.
If people choose on their own to show up early so (for instance) they can enjoy a leisurely cup of coffee and a pastry in the break room before starting their work day, that’s their choice, and you don’t have to pay them for their coffee-and-donuts time. In fact, you’re actually allowed to prevent them from clocking in early if they’re not working during that time. Likewise, if people choose to stay hanging out in the office building lobby or the store parking lot after hours to chat about the day’s events with their buddies, that’s also not compensable time.
But if you make people show up at your place of work at a particular time — or prevent them from leaving at the end of their shift — even if they’re not “working,” they’re on premises on your orders, for your convenience. And you have to pay them for that time.
So far, this story is just allegations and filings. It’ll be interesting to see how it plays out in the courts.
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