Employees should be paid for all the work performed by them for their employer. The Fair Labor Standards Act (“FLSA”) requires employers to pay employees for all hours worked. In addition, the FLSA requires compensation at a rate of at least 1.5 times an employee’s regular rate of pay, whenever that employee has worked over 40 hours in one workweek. Under the FLSA, employers must keep wage and hour records. As long as employees meet the requirements to be covered, FLSA gives employees a cause of action when they have been improperly paid for their performance. When an employer violates the FLSA and has employees and has locations in multiple states, employees in similar situations may bring a collective action. Normally these claims arise from overtime work that is unpaid, but in the following case, the claim arises from unpaid work performed before work.
In a recent case, plaintiffs were granted conditional certification of their collective action for a policy that required them to perform pre-shift work without any compensation. Tompkins v. Farmers Ins. Exch., PICS Case No. 15-1390 (E.D. Pa. Aug. 18, 2015). The court held that the employees satisfied their burden to show employees in 49 states were performing unpaid pre-shift work and did not have to show there was any written policy or procedure by the employer. The court further discussed that certification of a collective action is a two-tier process. The first-step is being able to show the proposed employee group can be determined similarly situated, to allow discovery on the issue. Once discovery is complete, the second-step by the court is to decide if the employee group is in fact similarly situated.
The Philadelphia Wage and Hour Lawyers at Sidkoff, Pincus & Green Represent Workers Who Have Not Received Proper Overtime Compensation
The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green help those who have been inadequately paid for their overtime work, we handle class action lawsuits. For more information contact us online, or call 215-574-0600 to schedule a consultation.