Target Wage and Hour Lawsuit: Judge Allows Unpaid Walking Time Claims to Proceed //

On October 16, 2026, U.S. District Judge Tiffany M. Cartwright denied Target Corporation’s (“Target”) motion to dismiss a proposed class action brought by hourly employees at its Washington distribution centers. The employees allege they were not paid for required activities at the beginning and end of their workdays.

What Did Target Workers Allege?

According to the amended complaint, as summarized in the court’s Order on Motion to Dismiss (the “Order”), Target distribution center employees must pass through security procedures, swipe their badges, and follow designated painted walkways to reach their time clocks and assigned departments. While using these walkways, employees allegedly are prohibited from using cellphones or other personal devices and must walk rather than run.

Plaintiffs estimate approximately 10 minutes from swiping their badges to enter the distribution center to reaching their departments: five minutes from the distribution center doors to the time clocks and another five minutes from the time clocks to their departments. The Order also describes an allegation of approximately five minutes of walking after shifts. Plaintiffs allege that Target does not compensate them for the disputed time.

What Did the Judge Rule?

The court found that the plaintiffs plausibly alleged they were “on duty” during the disputed periods under Washington law. The judge explained that whether employees are on duty depends on the extent to which their employer controls their time and restricts their personal activities.

Target argued that its walking restrictions were basic safety precautions. The court concluded that the safety purpose of those restrictions did not necessarily determine whether employees were under Target’s control.

The judge denied Target’s motion to dismiss, allowing the plaintiffs’ claims for unpaid wages, failure to timely pay final wages, and willful withholding of wages to proceed. The ruling did not determine whether Target violated wage laws or certify a class.

When Must Employers Pay Workers for Time Spent on Required Activities?

Federal and state wage and hour laws generally require employers to compensate employees for covered working time, which may include certain activities performed before or after scheduled shifts. Whether that time is compensable depends on the applicable law and specific circumstances, including the nature of the activities and the employer’s control over employees’ time. Failure to compensate employees for legally required working time may give rise to unpaid wage and overtime claims.

Kehoe Law Firm, P.C. represents employees in wage and hour matters involving alleged unpaid wages, overtime violations, and other unlawful compensation practices. Employees who believe they have not been properly compensated for all hours worked may have legal rights under federal or state wage and hour laws are encouraged to contact our firm. 

For a free, no-obligation legal evaluation:

Michael Yarnoff, Esq.
(215) 792-6676, Ext. 804
[email protected]
[email protected]

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm representing investors, consumers, and employees in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, as well as ERISA and retirement plan litigation. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning plaintiffs are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval.

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