Magazine article HRMagazine

Beware Off-the-Clock Work

Magazine article HRMagazine

Beware Off-the-Clock Work

Article excerpt

It's not always clear when a work shift ends, especially in the restaurant industry. An overtime lawsuit involving night-shift workers who claimed they weren't paid for time they spent closing a Crystal, Minn., Chipotle is a good reminder of the exposure employers face if they allow off-the-clock work.

In a setback for Chipotle, the U.S. District Court for the District of Minnesota ruled that the case can proceed as a collective action on behalf of the workers and all other similarly situated employees under the Fair Labor Standards Act (FLSA).

The suit, brought in 2014, alleged that Chipotle has a companywide unwritten policy of requiring hourly employees to work off the clock and without pay. The workers sued to recover allegedly unpaid overtime compensation and other wages.

An apprentice manager at the Crystal restaurant stated in a related lawsuit against Chipotle that his superiors knew that hourly employees in the 50-restaurant region were required to put in time off the clock to keep labor costs down. He said he was directed to clock out hourly night-shift crew members before 12:30 a.m. even though they continued working after that time. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.