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Plaintiffs have filed
these lawsuits against Alion and SwRI, alleging violations of the Fair
Labor Standards Act (FLSA). The Fair Labor Standards Act requires
payment of overtime at the rate of one-and-a-half times the "regular
rate" of pay for all hours worked in excess of 40 hours per week.
Plaintiffs in these
lawsuits allege that Alion and SwRI violated the overtime provisions
of FLSA, by not paying for:
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the time spent at
work before the beginning of shift (from the time employees pick
up their mask carriers to the time their shift officially begins,
i.e., to the time when Alion and SwRI officially considers employees on the
clock for pay purposes, for example at 6:00 AM/PM),
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30-minute meal periods, and
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post-shift work
(from the time the shift officially end, i.e., Alion and SwRI no longer
considers the employees on the clock for pay purposes, to the time
the employees deposit their mask carriers back at the mask
trailer, for example at 6:30 PM/AM),
Thus, for their claims under FLSA, Plaintiffs seek alleged
unpaid overtime compensation, liquidated
damages, attorneys fees, and other relief provided under FLSA. You can
get additional
information about these lawsuits here.
About the FLSA
The Fair Labor Standards
Act (FLSA) establishes a
minimum wage for every hour worked by covered ("nonexempt")
employees and contains overtime provisions requiring wages of
one-and-a-half times the "regular rate" for every hour worked over 40
hours a week in a work week.
FLSA does not limit the
number of hours worked. Instead, FLSA requires a minimum wage of not
less than $7.25 per hour, unless state or local laws have minimum
wages that are higher than FLSA, in which case,
state or local laws
would control and apply. Additionally, FLSA requires overtime
wages be paid for hours worked in excess of 40 in any work week.
The U.S. Congress has made periodic minimum wage adjustments over
time under FLSA.
FLSA allows an employee
to bring a legal action in court against his/her current or former
employer for violations of FLSA either on his own or on behalf of
other similarly situated employees. There is a two-year statute of
limitations period that applies to violations of FLSA. However, if a
court finds that an employer has willfully violated FLSA’s
provisions, then the period is extended to three years. This means
that an employee can recover two years of unpaid wages and/overtime
wages, liquidated damages and attorneys’ fees. In cases where a
court finds willful violations, then the time period is three years. Note
that plaintiffs do not pay attorneys’ fees in lawsuits involving
claims of FLSA violations.
Common Violations of
FLSA
Here are some
hypothetical examples of violations of FLSA:
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Off-The-Clock Work: Employees perform work for which an employer fails to compensate.
For example, an employer may require its employees to come before
the "official start time" and make employees perform job-related
activities such as pre-shift meetings, changing clothes, gathering
tools, or preparing machines or work stations. A court might find
that these activities are compensable under FLSA.
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Short Changing Hours
(Working During Breaks): Some employers provide lunch or meal
breaks, but if during these breaks, an employer requires employees
to perform job-related tasks (even passive tasks, such as watching a
machine), then a court may find that the "lunch break" is
compensable as work time.
Click here to check if your state requires
a rest or meal break.
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On-Call Hours:
Sometimes employers require the employees to be "on-call" so
that the employees are available for work when the employer
needs them. If the employer requires the employee to be
"on-call" and not leave the employer's premises, this on-call
time is usually considered to constitute hours worked and thus compensable.
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Miscalculation of
Overtime Wages: FLSA requires overtime pay to be one-and-a-half
times the "regular rate of pay. For example, FLSA requires that
most non-discretionary payments (such a shift differentials,
other differential payments, or bonuses) be included in the base
wage to calculate the "regular rate" of pay and then the
overtime of time-and-half be paid on the "regular rate" and not
just the base hourly wage. If an employer miscalculates
overtime wages or fails to include all regular wages in its
calculation of overtime, then a court may find a violation of FLSA.
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Misclassifying Employees
as Exempt: An employer does not have to pay "exempt" employees
overtime wages. If an employer misclassifies an hourly employee as
"exempt," a court might find that the employer has violated the
provisions of FLSA.
Additional FLSA
Information
Here are links at which
you can obtain FLSA posters and guides from the Department of Labor:
Further Information
If you have any
questions or need further information about this lawsuit, please
contact Plaintiffs Counsel.
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