Dick’s Sporting Goods Off-the-Clock Security Check California Class Action

Companies sometimes ask employees to perform some type of work before they’ve clocked in or after they’ve clocked out—for example, putting on protective gear or starting up computer systems. In this class action, a worker at Dick’s Sporting Goods, Inc. complains that she is forced to wait in line, off the clock, for a security check to be performed, even though it’s the business that requires the security check.

The Rule 23 Class for this action is all current and formerly hourly, non-exempt workers employed at any Dick’s Sporting Goods store in California at any time between July 2, 2016 until the resolution of this action.

According to the complaint, this off-the-clock work means that Dick’s violates the law in a number of ways.

  • It deprives workers of at least minimum wage for all hours worked.
  • It deprives them of wages for all hours of work performed.
  • It saves Dick’s from having to pay workers overtime.
  • It means that when the company does not count this time, it does not provide workers with the accurate, itemized statements they’re entitled to.
  • It means that when workers separate from the company, they are not promptly paid all wages to which they’re entitled.
  • Since they haven’t been promptly paid all wages, it means that workers are entitled to “waiting time” penalties, which allow them to keep racking up pay for up to thirty days after separating from the company.

Plaintiff Gale Carroll worked for a Dick’s Sporting Goods store in Fresno, California from roughly November 2017 to June 2019. She was a non-exempt, hourly cashier who earned $11 to $12 per hour. Class members are those employed in similar jobs, including supervisors, cashiers, attendants, custodians, security guards, stockers, and others.

During the summer months, Carroll was scheduled to work from four to eight hours per day, for a total of fifteen to twenty hours per week, and during the school year, she was scheduled to work for up to thirty hours per week.

According to the complaint, “Upon information and belief, class members worked more than 8 hours per day and more than 40 hours in at least one workweek during the four years before this Complaint was filed.”

Carroll and other workers in the class performed work under Dick’s supervision, using materials and technology supplied by Dick’s. They are therefore considered to be non-exempt, non-management workers.

The complaint alleges violations of California Labor Code as well as Industrial Welfare Commission Wage Orders.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Dick’s Sporting Goods Off-the-Clock Security Check California Complaint

July 2, 2020

Companies sometimes ask employees to perform some type of work before they’ve clocked in or after they’ve clocked out—for example, putting on protective gear or starting up computer systems. In this class action, a worker at Dick’s Sporting Goods, Inc. complains that she is forced to wait in line, off the clock, for a security check to be performed, even though it’s the business that requires the security check.

Dick’s Sporting Goods Off-the-Clock Security Check California Complaint

Case Event History

Dick’s Sporting Goods Off-the-Clock Security Check California Complaint

July 2, 2020

Companies sometimes ask employees to perform some type of work before they’ve clocked in or after they’ve clocked out—for example, putting on protective gear or starting up computer systems. In this class action, a worker at Dick’s Sporting Goods, Inc. complains that she is forced to wait in line, off the clock, for a security check to be performed, even though it’s the business that requires the security check.

Dick’s Sporting Goods Off-the-Clock Security Check California Complaint
Tags: Employment Violations, Not Paid for All Hours Worked, Unpaid Overtime