Off-the-Clock Work - What It Can Really Cost Employers
- Before and after a worker's scheduled shift;
- During an employee's scheduled meal period; and
- While employees are attending staff meetings and compensable training sessions.
The Wal-Mart cases and other off-the-clock cases (police departments, nursing facility workers, and insurance claims investigators have high-profile class actions pending) offer a clear warning to employers to evaluate their own practices and seek legal counsel to develop clear policies and expectations in compliance with not only the FLSA, but also applicable state laws. If an overtime complaint has been raised against an employer, engagement of skilled legal counsel is critical to minimize legal exposure and protect against class action certification. For more information on wage claims that can be brought against an employer and steps to maintain compliance with wage laws, see this article.