In the age of COVID, many employers require employees to undergo a mandatory temperature check each day. These temperature checks typically occur either just inside – or even outside – the business premises to protect the health of everyone involved. Depending on the nature of the business, the time of day, and many other factors, these mandatory temperature checks can take upwards of 10 to 15 minutes. Because the temperature checks occur before employees clock in, they are unpaid for this time. This time adds up over the course of a week.
Where employers require temperature checks for their own benefit – that is, maintaining a healthy workforce and workplace – the time spent waiting for and having the temperature screening may be compensable for all employees, regardless of whether the employees’ health is directly related to their job (as in the case of a health care worker). These temperature checks are akin to time spent putting on special protective gear, which courts have found to be compensable, because temperature screenings help to protect the workplace from a highly contagious and dangerous disease. While no court has directly ruled on the compensability of temperature screenings yet, it is likely workers could be paid for the time spent waiting for and having daily temperature checks given the dangers of the pandemic and the necessity of keeping people and businesses virus-free.
If you have any questions regarding your pay and/or your unpaid time spent for screening, contact Shavitz Law Group at (561) 447- 8888 or visit us at www.shavitzlaw.com for a free, no obligation review of your circumstances and consultation regarding your rights.
YOU EARNED IT, NOW LETS GO GET IT.
Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY. Lawyers licensed in states including FL, NY, NJ, and TX. The choice of a lawyer is an important decision and should not be based on advertisements alone.
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