If non-exempt employees work, they are supposed to be paid for their time, as a Boston hospital learned that just settled a class-action overtime lawsuit for $8.5 million. As we discussed last year (Perils of Having Employees Work Through Lunch)
employees entitled to overtime pay cannot be permitted to work through lunch, or beyond the end of their scheduled shift, without counting that time as working time and paying the employees for those hours.
This seemingly simple concept is apparently repeatedly ignored, and plaintiffs’ lawyers are not shy about bringing class action claims. In this case, up to 9,000 current and former employees stand to benefit from the settlement.
Employers would be wise to review their time keeping practices and ensure that employees are being paid for all hour that they work.