Rite Aid Faces Proposed Class Suit Over Employee Security Checks

Rite Aid Corp. and Thrifty PayLess Inc. owe at least 10,000 drugstore employees in California unpaid wages for time spent submitting to off-the-clock security checks, a new lawsuit claims.

Marion Lemons, a former Rite Aid employee, alleges that the practice violates minimum wage, overtime, meal period, and other related provisions of California labor law.

Lemons seeks to represent a class of Rite Aid employees in California, according to the lawsuit filed Wednesday in the U.S. District Court for the Northern District of California. Rite Aid and Thrifty merged in 1996, and currently operate 550 locations across California.

Rite Aid requires employees to undergo mandatory security inspections while they’re clocked out during meal breaks and after their shifts end, Lemons says.

Employees remain under Rite Aid’s direction and control during the searches, which normally last between five to 10 minutes each, but can take longer, Lemons claims. They’re not permitted to record this time and don’t receive any compensation for it.

This uncompensated time adds up and employees are entitled to time-and-a-half pay for any hours worked over 40 per week, as well as minimum wage, Lemons says. The searches also interfere with employees’ ability to take uninterrupted 30-minute meal breaks, as required by state law.

Causes of Action: California Labor Code §§201-204, §226.7, §510, §512, §1182, §1194, and §1197; Wage Order No. 7; and California Business and Professions Code §17200.

Relief: Class certification; declaratory judgment; injunctive relief; actual and liquidated damages; penalties; attorneys’ fees and costs; interest; and any other relief deemed necessary.

Potential Class Size: “In excess of 10,000" members.

Response: Rite Aid didn’t immediately respond to a request for comment.

Attorneys: Aiman-Smith & Marcy represents the proposed class.

The case is Lemons v. Rite Aid Corp., N.D. Cal., No. 3:20-cv-03124, complaint filed 5/6/20.