Off-the-Clock Work Class Actions
Most employers make a good faith effort to pay nonexempt employees for all time worked. Unfortunately, a small mistake or misinterpretation can lead to a technical violation. The potential cost to your company can add up quickly.
At Key Harrington Barnes PC, our attorneys defend employers in wage and hour lawsuits over off-the-clock work. We can also help your company avoid a lawsuit by reviewing your pay practices. Based in Dallas, we advise employers throughout Texas.What is Off-The-Clock Work?
Under the Fair Labor Standards Act, employers must pay employees for all hours worked, whether the work is performed on your premises or not. Here are some examples of work time that employers may overlook:
- Waiting time
- Rest time
- On-call time
- Work preparation time
- Cleanup time
Here is an example of how a small problem can become a big problem for an employer. Suppose a company places its time clock between the shop where employees work and the locker room where they wash up and change clothes. The employees swipe their cards on the time clock and then proceed to the locker room. The government would consider the time spent cleaning up and changing clothes to be work time. Even if the employee spends only five minutes performing these activities, the amount of unpaid time can add up over time, especially if a large number of employees are involved. Employees may be entitled to overtime pay, liquidated (double) damages and attorney fees. The total cost to the company could be millions of dollars.For Advice in Determining When Employees Need to be Paid
To avoid costly civil disputes over off-the-clock work, call our Dallas lawyers at (214) 615-7925 or send us an email using our contact form.