In Attempting to Thwart Theft, Retailer Accused of Stealing Wages

Los Angeles, CA An alleged California labor law violation has landed a retailer in some potential hot water. Forever 21 is facing a class-action lawsuit on charges that it forced employees to work without compensation and that meal breaks were denied.

Business Wire (1/18/12) reported last month that five lead plaintiffs have accused managers of routinely delaying them during their lunch hours and upon the conclusion of their workday, in order to conduct bag searches. Legal professionals close to the California labor lawsuit make the point that many retail associates at Forever 21 are under 18 and still in high school - and thus, don't understand their rights under the California labor code.

The five lead plaintiffs - Jazzreeal Jones, Jessica Ramos, Shanelle Thompson, Alyssa Elias and Tiffinee Linthicum - accuse Forever 21 of unnecessarily detaining them and potentially thousands of participatory plaintiffs after hours, when employees are on their own time and not getting paid.

Thus, the California labor lawsuit alleges that such delays result in unpaid wages.

This is not the first time Forever 21 has been on the radar of California and labor law. Eleven years ago, workers in six factories complained of unsafe and unsanitary working conditions. A lawsuit was launched, but the action was dropped when Forever 21 agreed to improve working conditions in their factories and duly pay workers the wages they were owed.

Forever 21 operates various factories and has about 500 retail locations in eight countries, with 100 stores in California.

The California and labor law complaint against Forever 21 is similar to an action filed against Polo Ralph Lauren in 2010, according to Business Wire. That California labor lawsuit resulted in a $4 million settlement. At issue is the practice, described as industry-wide, of detaining employees at the end of their shifts for routine bag checks, in an effort to thwart potential acts of shoplifting.

In so doing, however, legal advocates claim that the practice, in reality, is robbing innocent employees of wages. In detaining their employees, Forever 21 is requiring them to remain on the premises until the bag check is complete, while not paying them to stay later in order to facilitate the check. Legal experts claim that such a practice runs afoul with workers' rights under California labor employment law.