Law360 ( September 20, 2023, 3:04 PM EDT)–Starbucks agreed to pay $2.9 million to end a suit brought by a group of California managers who said they were required to do bits and pieces of work on their personal cellphones while they were off the clock, the workers told a federal court.
Law360 ( September 12, 2023, 4:29 PM EDT)–Hertz has been misclassifying its operation and assistant managers as overtime-exempt and cheating them out of 10 to 15 hours of overtime wages each week in a “widespread, repeated, and willful” pay scheme, a former worker alleged in a proposed collective action filed in Florida federal court.
If an employer requires you to attend training for your new job or a new position, you must be paid overtime for all of the hours you work over 40 in a work week during your training period.
Training claims can be broken down into two categories:
(1) employees who will be exempt once they complete training and start working in the position they trained for (these are salaried employees); and
(2) employees who will be non-exempt once they complete training and start working in the position they trained for (these are usually hourly employees).
For exempt employees (category #1 above), if you are paid a salary and train for more than 40 hours in a workweek, you are entitled to be paid for the overtime hours worked during each week of training.
Example:
For non-exempt employees (category # 2 above), if you are paid by the hour during training but are not paid for allof the hours you trained, you are entitled to be paid overtime for the hours over 40 you worked during each week of training.
Example:
In both examples, the employee is entitled to overtime because employees are generally entitled to be paid for all overtime they worked while in training, even if that work occurs after business hours or away from the office.
Bottom line:
If you worked more than 40 hours per week while in training for your job, then you are entitled to overtime for all hours worked over 40 each week of training, regardless of whether you ultimately will be overtime-eligible once you complete training and start working in the position for which you trained. If you would like to learn whether you have a claim for unpaid overtime, contact Shavitz Law Group at [email protected].
Teva Must Face Workers’ Training Program OT Suit – June 29, 2023
Law360 (June 29, 2023 7:05 PM EDT) — Teva Phamaceuticals must face claims that it illegally denied sales workers time-and-a-half overtime during an extended training program, as a New Jersey federal judge rules it was too early to tell if workers were exempt from the New York Labor Law.
Apple Accused of Omitting Overtime Pay From Employees with Stock– Bloomberg Law– March 27, 2023
Bloomberg Law (March 27, 2023 11:46 PM EST) — A former Apple Inc. worker has sued the technology company, accusing it of mismanaging overtime payfor employees who owned vested restricted stock.
MyEyeDr Hit With Nationwide Overtime Lawsuit By Store Managers– Bloomberg Law– February 14, 2022
Bloomberg Law (February 14, 2022, 4:36 PM EST) — MyEyeDr faces allegations it misclassified hundreds of managers as exempt from the Fair Labor Standards Act to avoid paying them overtime wages, according to a new lawsuit filed in federal court in Massachusetts.
GEICO Settles Wage Suit Over Meal Break Claims For $155K – Law360– February 11, 2022
Law360 (February 11, 2022, 2:01 PM EST) — A group of workers reached a $155,000 deal withGEICO to individually settle their wage suit filed in California federal court, where the employeesaccused the company of requiring them to work through meal breaks, leaving them underpaid.
Judge OKs $1.7M Settlement In Nelnet Call Center OT Suit – Law360– February 10, 2022
Law360 (February 10, 2022, 7:55 PM EST) — Student loan servicer Nelnet has agreed to settle acollective action accusing the company of failing to pay call center employees overtime wages, with aColorado federal judge giving final approval to the nearly $1.7 million settlement Thursday.
10th Circ. Offers Rare Precedent For Call Center Wage Cases – Law360– November 1, 2021
Call center workers’ claims that employers failed to pay for pre-shift time spent booting up computers could gain more traction after the Tenth Circuit said that such work is compensable and that even small amounts of time can be estimated, workers’ attorneys say, though employers’ attorneys say defense remain.
10th Circ. Revives Workers’ Preshift Wage Claims – Law360– October 12, 2021
Even a small amount of time call center workers spent starting their computers is compensable, the Tenth Circuit ruled, finding that a student loan company isn’t free from isn’t free from its legal obligation to pay them for the pre-shift work they performed.
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