Most workers don’t expect to get paid for the time they spend traveling to and from work, but there are certain exceptions to that rule. Some states, including California, have labor laws that require employers to pay workers for the time spent traveling to and from work sites if such travel is an integral part of the worker’s job. These laws are designed to protect employees who travel from site to site as part of their job, rather than employees who spend the majority of their work time in one location.
A wage and hour lawsuit has recently been filed against Stanley Black & Decker Inc. and 14 of its affiliates and subsidiaries. The lawsuit alleges the power tool company failed to properly compensate their field technicians for the time that it took them to travel to and from their work sites. The class action lawsuit also alleges that Black & Decker failed to pay proper wages to all of their employees and failed to provide accurate wage statements.
Under the federal Fair Labor Standards Act (FLSA), employers are required to provide all of their workers with accurate itemized wage statements, detailing all of the hours worked by the employee, all wages earned, and all deductions made, including taxes and health insurance. In some cases, the lawsuit alleges, the wage statements provided by Black & Decker incorrectly listed the worker’s employer.
The lawsuit also alleges that Black & Decker failed to provide its field technicians with the proper meal and rest breaks. Under California law, employers are required to provide all of their workers with a paid rest break lasting at least ten minutes for every four hours worked. For every five hours worked, the worker is entitled to an unpaid meal break of at least thirty minutes. For every day that an employee does not take one of these breaks, for any reason, she is entitled to one hour’s worth of pay, in addition to all wages earned that day.
The class has been split into two different subclasses: 1) all California field technicians, or employees in a similar occupation, who were employed by Black & Decker from June 27, 2012 to the present; and 2) all employees working for Black & Decker during the same time period that have, at the very least, received one pay stub from Black & Decker or its subsidiaries.
Black & Decker has agreed to settle the lawsuit for $4.97 million, of which $2.4 million will go to the subclass of field technicians, which reportedly consists of about 300 members. The subclass of pay stub employees, which is estimated to include about 888 members, will receive $1,025,000. Each eligible class member could potentially receive anywhere from $1,000 to $8,000, depending on the number of alleged violations conducted against them.
As part of the settlement agreement, Black & Decker does not admit to having conducted any illegal behavior and denies all of the claims. Instead, it asserts that it reached the settlement merely to avoid the expense of a lengthy court battle.The attorneys at Chicago Overtime Law Center have decades of experience litigating wage and hour cases, including overtime, vacation pay, meal breaks, and tips. We have offices conveniently located in Oak Brook and Chicago, Illinois. Contact the Joliet, Waukengan and Schaumburg overtime lawyers and attorneys at the Chicago Overtime Law Center today at 312-869-4095. We are looking to represent loan and mortgage brokers who have not been paid overtime and have been mis-classified as managers.