In this case, the Supreme Court address conduct by the employer involving the use of time clocks in an inconvenient location that resulted in the employees not receiving credit for work time spent donning and doffing (putting on their work gear). Kasten made a verbal complaint to the company about the time clock location but did not submit a written complaint. This decision is consistent the anti-retaliation protections available to workers under Title VII of the Civil Rights Act and is consistent with the position advanced by the US Department of Labor.

What does this mean for employees?

This is a significant win for employees. Previously employees often had to rely on written documentation of a complaint to their employer to substantiate a claim for a retaliatory termination. Now, employees will be able to rely on verbal testimony where they may or may not be formal written records of a complaint.

What does this mean for employers?

There will likely be increased claims for a retaliatory termination under the FLSA based upon verbal complaints to supervisors. Employers will need to be diligent in having a consistent policy of documenting all verbal, oral, email or written complaints under the FLSA. Employers may want to demonstrate (i) has a consistent policy of documenting all verbal and written complaints, and (ii) the absence of any record of a complaint (oral or written) from the terminated employee.

The fact sheet sets forth 2 major requirements:

1. Employers are required to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk” and
2. Employers are required to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk”

The fact sheet also contains guidance on time and location of breaks, compensation, and clarifies which employers are subject to the requirements.

What does this mean to businesses subject to these requirements?

In general, employers will need to have a policy in place regarding break time to express breast milk and provide an area free from intrusion and the public (other than a bathroom) for employees to express breast milk. For many businesses, this may be a managers office, conference room or similar are that can be secured (i.e. locked) to prevent intrusion.

What about other state law requirements?

The fact sheet indicates that this release does not preempt state law that provides greater protection to employees

A Story from The City Paper in Nashville reports that many employees reported for work at 7 AM, were punched in and out as many as a 12 times throughout the day and left work in the early evening. This paper reported that one employee worked approximately 40 hours per week but was only paid for 15 based upon this punch in and punch out system.

Under Fair Labor Standards Act and in general, employers are required to pay employees that remain on call at the employer’s place of business. There is a FLSA exemption for employees that are  “on call.”  The US Wage and Hour Division published Fact Sheet 22 to clarify that  “on call” employees are required to be paid if they remain on call at the  employer’s premises. The exemption is analyzed differently if the employee is permitted to leave the employer’s premises.

This car wash required all the employees to remain at car wash and jump into action as soon as a customer appeared. The car wash also punched out the employees (while requiring them to remain at the car wash) until the next customer appeared. This policy caused resulted in the employees not being paid for the time spent in between customers while they were required to remain at the car wash.  The FLSA does not permit this conduct.

The Nashville Public Radio website has reported that this case settled for $130,000.00 in back wages and the car wash has updated its employment policies.

Another typical problem specified in  Fact Sheet 22  is the compensation of employee who remain at their desk while eating lunch and answering the phone or doing paperwork. Time spent doing paperwork or answering the phone is compensable under the FLSA because they have not been completely relieved from duty. Employers are not permitted to require their employees to punch out for lunch if they are required to answer the phones or complete paperwork during this time.

Thanks to the Overtime Advisor for posting about this.

The image above is used under the creative commons license from Qmnonic.

This should serve as a reminder that all employers, including the owners of a small pizza shop, must comply with the wage and hour laws and the governmental will investigate wage and hour complaints.

Responding to an investigation will be significantly easier if an employer has accurate records readily available.

Ohio, pursuant to HB 690 and  Ohio Revised Code Chapter 4111, requires employers to maintain (with certain exceptions) at least the following information for each employee:

• Name, address and occupation
• Pay rate
• hours worked for each day worked
• amount paid for each day worked

In general, this should be kept for all employees for the duration of the employees employment and 3 year thereafter. Employers are also required to provide payroll information to an employee or a person acting on behalf of the employee upon request and free of charge.

The State of Ohio has different minimum wage requirements and the Ohio minimum wage laws are available here. The Ohio Department of Commence has published the new minimum wage poster which includes the new federal minimum wage information. Ohio’s minimum wage is currently $7.30 per hour with a few exceptions.

The Wage and Hour Counsel blog has discussed issues relating to the increase in the federal minimum wage here and here.