Here’s How Employers Get in Trouble Under the FLSA

Let’s say that you have employees and you are aware of the necessity to pay them overtime for hours worked over 40 hours (assuming they aren’t exempt employees). You carefully track hours and make sure employees are paid what they are supposed to get paid.

But then, you get sued for an FLSA overtime pay violation. What happened? You paid the employee for every hour they worked.

Well, what probably happened is that you didn’t pay (or count the hours) for time that you considered the employee to be “not working,” when in fact, legally, the employee was working.

This happens all the time, as employers don’t often understand what hours have to be counted and which don’t.

Check in and Check Out

One common error employers make is that they have check in or check out procedures that are required for the employee’s job, but the employee isn’t paid for that time—the employee is made to clock in, or start the clock on his or her hours, after he or she has performed some necessary procedure.

For example, imagine an employee who has to get a golf cart as part of her job, check the tires, make sure the cart is gassed up or charged up, and the cart must be driven to a specific part of the property. But the employer doesn’t count that time, and thus, doesn’t pay the employee for that time. That’s an FLSA violation.

Any periods of time that the worker is using to prepare for work, get equipment ready, or any check in or check out procedures are considered work time and must be counted towards the worker’s weekly hours.

Bothering Employees During Lunch

Many businesses do not pay employees for lunch, and that’s allowed. What isn‘t allowed is not paying employees, and then having those employees work during lunch. The employee may:

Be working at his or her desk during lunch
Have to respond to your text messages or emails or calls during lunch
Have to remain in a certain restricted area, or have to monitor an office phone, during work

Routine interruptions of the workers’ lunch time can result in the worker being considered as “working,” and when you don’t count those hours towards work, and the worker isn’t paid (or paid overtime), you end up with an FLSA violation.

Workers Who Volunteer to Work Extra

Workers often volunteer to work extra hours. Many do so in good faith—they want to help you, the company, or to get the job done before they go home. But if they’re working, those hours need to count. They cannot be made to work for free, just because they “volunteered” for it.

Travel Time

Remember that travel to and from work is not counted or compensable. But once at work, any travel related to work must count and be compensated.

Let the West Palm Beach commercial litigation lawyers at Pike & Lustig help you with your employment and labor law needs.

Source:

dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked