Most of us don’t think of the time we spend traveling to and from work as time we should be paid for, but there are certain instances in which employers are required to pay their workers for this time. Any job that requires traveling between jobs, especially if it constitutes a significant part of the employee’s workday, is eligible for compensated travel time.
According to a recent class action wage and hour lawsuit against Intec Communications, the company allegedly failed to compensate its employees for the time they spent traveling between worksites.
The communications company also allegedly required its employees to come into the office to perform tasks before going to their first work site of the day. The tasks they performed were work-related and included returning equipment from the previous day, updating the inventory, getting equipment, filling out paperwork, and getting assignments for the workday. The class action lawsuit alleges the workers were not paid for any of the time devoted to these mandatory tasks.
Under the federal Fair Labor Standards Act (FLSA), all hourly employees are entitled to one and one-half times their normal hourly wage for all the time they spend working after eight hours a day or forty hours a week.
The wage and hour lawsuit alleges the employees had to work overtime in order to complete their morning tasks, but they weren’t even paid their normal wages for this time, much less the federally mandated overtime compensation.
The class action wage and hour lawsuit further alleges Intec punished workers who arrived late or failed to comply with the company’s policies, despite the fact the company was allegedly not paying the workers for this time.
The class action lawsuit also alleges that when equipment broke or went missing, Intec deducted the costs from the employees’ paychecks. Federal labor law makes employers responsible for all business-related expenses. In the event an employee has to pay for a business expense, the employer is required to reimburse the worker in full.
The only legal deductions an employer can make to a worker’s paycheck are things like taxes, Social Security, health insurance, and a retirement plan, such as a 401k. Deductions for business-related expenses are not permitted under federal labor law.
The wage and hour lawsuit alleges the deductions resulted in the employees getting paid less than minimum wage for all the hours they worked.
The class action lawsuit also alleges Intec failed to maintain a clock in and clock out system to track its workers’ hours. Employers are not required to maintain a clock in and clock out system, but they do need to have a practice in place to track their employees’ hours. The company’s alleged failure to use any such system could have been a way to keep costs down by denying employees a way to point to the number of hours they worked and wages they were owed.
The class action lawsuit will cover all those who worked for Intec Communications any time in the past three years.The Chicago overtime lawyers at the Chicago Overtime Law Center are investigating unpaid overtime claims against large retail chains, internet retailers and car dealers such as Petsmart, Officemax, Staples, Smart & Final, Apple, Walgreen’s, CVS, Urban Outfitters, GAP, Abercrombie & Fitch, Limited, Forever 21, PetSmart, Macy’s, Target, JC Penney’s, Lowes, Marshalls, Bed Bath & Beyond, TJ Max, Victoria’s Secret, Nieman Marcus, Saks Fifth Avenue, Best Buy, Home Depot, Apple, Best Buy, Sears, K Mart, J.C Penney, Walmart, Costco, Amazon, Overstock.com, BMW car dealer, Ford car dealers, GM car dealers, Jeep car dealers, Toyota car dealers, VW car dealers, Mercedes car dealers, Audi car dealers, and other retail chains and internet sellers for misclassifying employees as managers, erasing or altering time sheets or time records, pressuring workers not to report or record overtime, failing to pay for time spent on security checks, and otherwise failing to pay workers for overtime and other wages. If you are the victim this practice call us at (312) 869-4095 or contact us online. We have offices in Chicago and Oak Brook near Buffalo Grove and Palatine.