A proposed class action alleges HomeGoods has violated California’s Labor Code by not permitting night shift workers to leave the building during unpaid meal breaks.
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The 20-page case claims that by not allowing overnight employees to leave for their breaks, HomeGoods has failed to provide the California workers with proper minimum and overtime wages, required meal and rest breaks and proper wages in lieu of missed breaks.
The plaintiff, a former employee at HomeGoods’ Encinitas, California location, says it was the retailer’s policy to lock the facility and set the alarm during her shift from 9:00 p.m. to 5:45 a.m., which the suit says she typically worked through the October-December holiday season. According to the case, employees could not leave without the assistance of the assistant store manager, and they were informed that they could not leave the building during their unpaid meal break at 1:30 a.m. or during rest periods.
HomeGoods’ failure to relinquish all control over night-shift workers during their meal breaks means that these periods count for hours worked, and the plaintiff and other similarly situated employees should have been paid for this time.
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