Can I Sue For Working Off the Clock?
February 21, 2023 | Featuring:
“95% of the cases end in mediation...mediation is with a third party…it lasts up to a one to two year period…”
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Are you being paid what you deserve? Overtime pay is a right that many employees are entitled to, but it can be challenging to navigate the legal landscape around it. That’s why “Overdue Overtime” is here to shed light on the subject. In the pilot episode, attorney Jason Thompson breaks down the Fair Labor Standards Act and explains how it applies to employees seeking overtime pay. Host Justin Isaac facilitates an engaging discussion that covers wage liquidation, mediation, and much more.
“95% of the cases end in mediation…mediation is with a third party…it lasts up to a one to two year period…”
It’s crucial for employees to be informed about their rights when it comes to overtime pay, and “Overdue Overtime” provides a valuable resource for anyone who wants to learn more. The episode provides a comprehensive overview that serves as a reminder that employees should take action if they believe their rights have been violated. So, if you’re curious about overtime pay and want to learn more, check out “Overdue Overtime” and unlock the insider’s guide to Fair Labor Standards.
Don’t miss out. Listen to the full episode now!
FULL EPISODE
TRANSCRIPT
Welcome to Overdue Overtime, a podcast for lawyers and workers interested in learning about lawsuits for unpaid overtime and other wage benefits. Our team includes lawyers, paralegals and support staff. We also hire outside experts who assist us with understanding payroll and time card data, employer time keeping software and other evidence that is needed to win an unpaid wage lawsuit case. In our shows, we will hear from all these people and learn what they have to say about filing lawsuits to collect unpaid wages. We will be uploading new shows on a semi-weekly basis, each with a particular focus, and today, in our very first show, will be exploring Off-the-Clock cases.
Forbes magazine reported that in 2021, American workers worked an extra day in unpaid overtime each week! One of the most common ways employers avoid paying wages is something called off-the-clock work.
Outline
I. What is Off-the-Clock Work
A. Definition: Any work performed for the benefit of the employer that goes unpaid.
1. Three part test:
a. Is the activity actually WORK:
indispensable or an intrinsic element to principal activities of the job
b. Did the employer know, or should have known, the
work was being performed?
c. Was the worker covered by wage laws?
Exemption
Independent Contractor
2. Common Examples: go over each and the three-part test
1. Restaurant workers: folding napkins, setting up tables, learning menu all without clocking in.
2. Big-Box workers: perimeter sweep, unlock and disarm, open door for early workers, and then clock in.
3. Call centers – boot up and shut down activities: start computer; start phone app; open several related apps, read emails from management, all before shift and then be ready to take first call exactly at start of shift.
4. Large facilities: walking time; security checks upon leaving
5. Office worker wants time to relax or avoid other people so arrives early
6. Worker stays late to clean up; chat with co-workers.
7. Jobs Involving Company Vehicles:
II. How do Companies Get Employees to Work OTC
A. Company Policy and Rules
B. Managers
1. Instruction to Clock Out and Work
C. Workers Volunteering to Do More for Less
III. Is OTC Work Illegal?
A. Yes. If it meets the test we’ve discussed.
1. But someone must stand up and demand the company follow the rules
2. But Sometimes No. – Describe Busk v Amazon
IV. What Can a Worker do to Get Paid for OTC
A. Three options: Complain to supervisor; file a complaint with State or Federal Department of Labor; call a lawyer that specializes in unpaid wage law.
B. Class Action Lawsuits: the most successful tool for most violations
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