A former Jiffy Lube assistant manager (“Plaintiff”) filed a class action suit against a franchise of the auto repair shop in Pennsylvania federal court claiming that policies such as requiring workers to clock out while at work violate state and federal wage and hour laws. The Complaint alleges that Jiffy Lube violated the Fair Labor Standards Act and Pennsylvania wage laws by cheating customer service technicians and assistant managers of proper minimum wage and overtime pay. The Complaint says, “the defendants’ policy and practice of forcing its employees to work off the clock is firmly embedded within its culture and specifically referenced in its written operating procedures.”
Customer service technicians and assistant managers are responsible for working on vehicles, including providing oil changes, brake, tire and cooling system services. Those duties aren’t exempt from minimum wage or overtime pay under the FLSA and the Pennsylvania Minimum Wage Age. Despite this, Jiffy Lube allegedly routinely denied those employees pay through by editing workers’ time entries to reduce or remove hours. The auto repair shop also ordered employees to clock out when they weren’t helping customers during scheduled shifts, even though they had to remain at the store. Plaintiff alleges that Jiffy Lube told him that it wasn’t company policy to pay employees for all hours actually worked. He pointed to the company’s regional manager conference in winter 2015, where the Vice President allegedly stated that there was no reason to pay employees for all hours worked if there were no cars at the shop.
Plaintiff is bringing the suit as a collective action under the FLSA and as a class action under the Pennsylvania Wage Payment and Collection Law and the Pennsylvania Minimum Wage Act.