However, this can lead to a lack of uniformity in how the employer manages pre- and post-shift time, he observed. Companies often have unwritten time-keeping policies and practices. For example, the California Supreme Court has said that retail employers must pay workers for routine off-the-clock activities, such as setting the alarm and closing the store at the end of the day-even if the amount of time is minimal.Įmployers should ensure time-keeping policies are in writing, Woodard said. But this is not necessarily the case under state law. If a nurse who performs direct patient care services at a hospital is required to check her temperature upon arrival at the hospital before her shift, the time that she spends checking her temperature upon entry to the worksite is likely compensable because such a task is necessary for her to safely and effectively perform her job during the pandemic.Įmployers should note that under the federal "de minimis" rule, businesses can require employees to work a trivial amount of time (up to 10 minutes) each day without compensation if the time is administratively difficult to track. The department provided the following example: "During the pandemic-and in general-it's important to be mindful that guidance continues to be updated."įor instance, the DOL has said that temperature checks are compensable if they are "integral and indispensable" to the employee's job. Many employers added temperature checks and other health-screening measures to their safety protocols to help curb the spread of the coronavirus.ĭoes the screening take more than a few minutes? Those "few minutes" could add up quickly, Kemper said. John Skousen, an attorney with Fisher Phillips in Dallas, explained that pre- and post-shift work may include unlocking a building, setting up supplies in work areas, reviewing work orders, and responding to calls about work issues or scheduling.įurthermore, employees may have to take additional pre- and post-shift steps due to the COVID-19 pandemic, noted Adam Kemper, an attorney with Kelley Kronenberg in Fort Lauderdale, Fla. In some circumstances, he said, employees may need to be paid for time spent putting on and taking off protective clothing, inspecting equipment, logging on and off of computers, accessing databases, transmitting data, and completing post-shift security inspections and incident reports. So the pre- and post-sift activities that should be recorded on time sheets will depend on the industry, explained Joshua Woodard, an attorney with Snell & Wilmer in Phoenix. Department of Labor (DOL) focuses on whether the activity is integral to performing the "principal activities" of the job. Under the Fair Labor Standards Act (FLSA), employees must be paid for time spent before "clocking in" or after "clocking out" on activities that are necessary to perform their jobs. Which activities must be paid? How can employers ensure they are recording and paying for all time worked? Here's what employment law attorneys had to say.
But compensable time can be difficult to capture when employees have pre- or post-shift responsibilities, such as opening or closing a retail store or restaurant. Employers must pay nonexempt employees for all hours worked.
0 kommentar(er)
