Over the last several years, more and more lawsuits have been filed against employers concerning compensation for “off-the-clock” work.
The crux of these lawsuits is that employers failed to properly compensate nonexempt employees for time spent performing work for the employer either before or after their scheduled shift or during a meal period.
Employees who believe they were not properly paid can allege violations of the federal Fair Labor Standards Act (FLSA) and/or California’s Labor Code. At the federal level, the U.S. Department of Labor’s Wage and Hour Division (WHD) conducts investigations of federal wage-and-hour violations. In California, the Labor Commissioner’s office investigates and enforces the state’s labor laws.
The dangerous part for employers is that employees often seek to file class-action lawsuits, which could lead to financial damages or settlements in the hundreds of thousands, or millions, of dollars.
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