Typical Examples of Wage Theft
Although an employer is not required to pay for time worked by an employee if the employer did not know (and had no reason to know) that such work was being done, an employer is be required to compensate employees for various types of work-related time that is spent primarily for the benefit of the employer, not the employee. The following are some examples:
On-Call Time
If an employee is required to remain on the employer’s premises, or so close to the premises that the employee cannot really use the time for his or her own purposes, such on-call time is generally compensable and, if not paid, may be considered a violation of FLSA. For example, fire fighters required to be at the station house and ready to fight fires promptly after sounding of alarm must be compensated for such “on-call” time.
Sleep Time
Certain types of employment require that employees remain at the workplace for numerous consecutive hours and, in such cases, some of that time is spent sleeping. If an employee is on duty for less than 24 hours, the employee must be compensated for all on-duty time, even if some of that time is spent permissibly sleeping. If an employee is on duty for more than 24 hours, the employer may not be required to pay for sleeping time if the sleeping time is not more than 8 hours and adequate sleeping facilities are provided to the employee.
Travel Time
While an employee is not required to be paid for the time spent on her ordinary commute to and from work, certain travel time should be compensated and an employer’s failure to do so may constitute a violation of the Fair Labor Standards Act. In order to determine whether the time spent traveling should be paid, courts look to whether the employee is actively working during the travel time, the purpose of the travel, and the time during which the travel takes place. For example, if an employee travels between various job sites during a work day, he should be compensated for that time.
Meal and Rest Breaks
If an employer grants rest periods, an employee must be paid for such periods if they are only 5 to 20 minutes in length. An employer is not required to compensate for rest periods of 30 minutes or more.
Similarly, bona fide lunch breaks are not considered work time and not covered by the Act. Thus, employers are not required to compensate for that time. However, employees must be paid for working lunches or lunch periods in which he or she is often interrupted by work.
Contact Us
If you believe that your employer has committed wage theft, contact the wage and overtime lawyers of Tycko & Zavareei LLP by calling 202-973-0900 today to learn more about defending your rights.
