August 10, 2018 / 2:05 AM / a year ago

Judge certifies class in H&M security-check case after Starbucks ruling

A federal judge in California has certified a class of nearly 11,000 current and former employees of H&M Hennes & Mauritz LP who say the clothing retailer should have paid them for time spent waiting for managers to conduct security checks at the end of their shifts.

U.S. District Judge Edward Davila in San Jose on Wednesday rejected H&M’s claim that workers’ waiting times varied and were typically so brief that they were not compensable under California law. Davila cited the California Supreme Court’s July decision in Troester v. Starbucks Corp that said a rule under the federal Fair Labor Standards Act excusing employers from paying workers for time spent on brief tasks while off the clock did not exist under state law.

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