Michael S. Kun, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Los Angeles office, was featured in TSheets, in “7 Deadly Sins: FLSA Violations You Must Avoid.” The article asked panelists to reflect on the most common mistakes organizations make in complying with the wage and hour provisions of the Fair Labor Standards Act.
Following is an excerpt:
“Under the FLSA, the issues we frequently see are claims that employers’ timekeeping systems automatically clock employees out for meal breaks even when the employees don’t take them. For instance, an employer might have a system that clocks employees out mid-day for 30 minutes for a meal period for which the employees are not paid, but employees might claim that they in fact did not take a meal period and worked for those 30 minutes instead. As a result, they have been underpaid for 30 minutes. Now, if an employee alleges that this happened every day, he or she would have a claim for two and one-half hours of unpaid work each week, some or all of which might be considered overtime if it falls beyond 40 hours. If you multiply that by the number of weeks the employee worked, you can see how the amount of underpayment a single employee might claim could be very significant.”