You Could Be Entitled to Pay Even for Certain “Non-Working” Hours

It is critical for employees in South Florida to know that they may be entitled to pay for certain “non-working” hours, even if their employer has said otherwise. To be clear, there are a range of situations in which employees are not actually performing work tasks during a certain period of time, or are performing only limited work tasks, and must be paid for that time. This is true under federal and state law, even if your employer has tried to tell you otherwise. If your employer has refused to pay you for any of the scenarios discussed below, it is essential to get in touch with an experienced Palm Beach Gardens wage and hour attorney who can help you to file a wage theft claim. If you have not been paid fairly, you may be entitled to the pay you are owed in addition to certain damages.

When must employees be paid for non-working time? If you are a nonexempt employee, the following are some key scenarios in which you should expect your employer to pay you, and if they do not, then you should seek legal help.

Required Work Training 

If you are required to attend any training outside your regular work hours, your employer must pay you for the time. Any required training is compensable.

Quick Rest Break 

Under the Fair Labor Standards Act (FLSA), short or quick rest breaks, that typically last anywhere from 5 to 20 minutes, are compensable work time. Your employer cannot add up the amount of rest break time you take over a week, for example, or another work period, and deny you pay for those short breaks over time.

Meal Break Where You Perform Any Work Tasks

 Your employer cannot require you to perform any work tasks during an unpaid meal break. If this 30-minute or 1-hour meal break is not entirely yours, then you must be paid for the entire time. Although the FLSA does not require meal breaks, and Florida state law does not require them, if your employer permits them, then they must be entirely uninterrupted — your employer cannot interrupt a meal break by asking you to spend even 5 minutes sending a work-related email.

Time Spent Taking Required Drug Testing 

If your employer requires drug testing for employees, your employer must pay you for the time you spend traveling to get to the drug testing location and undergoing the drug testing. This is compensable work time.

Work-Related Travel and Business Trips

 While regular commuting times are not compensable, if you are required to travel for work outside your regular hours or to take a business trip, all of the time spent on the work-related travel or business trip is compensable — even the time spent traveling to the location.

In addition, it is critical for nonexempt employees to know that any of the above circumstances that result in hours worked beyond a 40-hour workweek are considered overtime and must be paid at a rate of 1.5 times the employee’s regular wage.

Contact a Palm Beach Gardens Wage and Hour Attorneys 

Did your employer fail to pay you for time that was compensable? It is essential to get in touch with one of the experienced Palm Beach Gardens wage and hour lawyers at Sconzo Law Office to find out about your options for filing a claim. Contact us today for more information.

Source:

dol.gov/agencies/whd/flsa