A wage and hour violations lawsuit filed by the U.S. Department of Labor alleges that the battery manufacturer East Penn is responsible for wage and hour violations of the Fair Labor Standards Act. More than 6,900 employees could be affected, according to the Department of Labor.
Many lawsuits in recent years have focused on whether or not the pre- and post-work activities required of employees should count in terms of their hours. Employees who are required to show up early or stay late to take care of certain job-related tasks mandated by the employer could be entitled to overtime pay. An employer found to have violated the existing overtime protections under the FLSA has responsibilities that must be taken seriously.
These willful violations include record-keeping violations and overtime issues. The Department of Labor’s Wage and Hour Division identify that East Penn Manufacturing Company failed to compensate employees properly for all of the hours worked. The Department of Labor released news about the wage and hour violations lawsuit recently and alleges that employees had to invest time doing work-related activities for which they should have been appropriately compensated.
Removing protective gear and showering prior to clocking out, and putting on protective uniforms after clocking in are the primary wage and hour violations lodged by the federal agency.
East Penn allegedly only paid for the employees’ scheduled hours, no matter what the time clock entries showed when the employees punched in and punched out. The wage and hour violations lawsuit says that the department has a commitment to protect workers for wages due to them for hours worked. A claim for back wages and damages for more than 6,900 employees are listed in the wage and hour violations lawsuit.
Furthermore, the order from the Department of Labor says that the company must avoid violations of FLSA in the future. Under the Fair Labor Standards Act, non-exempt covered employees have to be paid at least $7.25 per hour for all hours worked.
It can be a wage and hour violation for anyone who does not compensate a time and a half for the regular rate of hours worked beyond 40 in a given work week. Allegedly these activities carried out before and after the workday extended many of the employees’ obligations beyond 40 hours, although they were never appropriately compensated for that additional time.
Wage and hour violations can be brought forward by individual employees or by the Department of Labor when an investigation yields that violations have occurred. If you or someone you know believes you have grounds for a wage and hour violations suit, you should consult with an experienced attorney as soon as possible.
Employees who believe they have strong evidence that a company has neglected the Fair Labor Standards Act or other protections may be able to file lawsuits against the responsible party. Employees could be due overtime for time spent doing work activities before and after their official clock in or clock out time if that time was not properly paid for.
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