The impact of COVID-19 has been felt on businesses throughout the nation. As many businesses start to open back up, it is important that all employers take extra medical and safety precautions. These extra COVID-19 precautions benefit the employees and the customers of the business.
For instance, many businesses are paying close attention to sanitizing and cleaning their workspaces and equipment. Businesses are also administering medical tests of their employees, such as temperature checks or questionnaires regarding COVID-19 symptoms. These extra precautions, often taken before and after the workday, are necessary activities in this new day and age in which we live. Plus, COVID-19 medical screens have become a necessary part of the workplace, which means that employees’ wait time is also compensable.
However, some businesses are not paying their employees for the time spent participating in COVID-19 related activities before, during, or after the workday. As such, employees are forced to work “off the clock” for engaging in these necessary medical and safety-related precautions. Shub Law Firm is investigating businesses that failed to pay employees for off the clock work related to COVID-19.
EMPLOYERS CAN BE LIABLE UNDER THE FAIR LABOR STANDARDS ACT (“FLSA”)
Under the Fair Labor Standards Act, as amended by the Portal-to-Portal Act (“FLSA”), employees must be paid for (1) their time performing their “principal” work activity and (2) any time that is an “integral and indispensable part” of their principal work activity. The U.S. Supreme Court has held that work activity is integral and therefore compensable if it is “an intrinsic element of [the employee’s principal] activities and one with which the employee cannot dispense if he is to perform his principal activities.”
In this unprecedented time, everyone’s health and safety are of utmost importance. At the same time, businesses are feeling the financial impact of the economic shutdown. Businesses cannot afford to be closed forever, so they are beginning to open. Given the importance of health and safety in this new day and age, medical and safety precautions taken by employers and performed by employees are an integral and indispensable part of any employee’s principal work duties in any job.
CONTACT US TO GET JUSTICE FOR WORKING “OFF THE CLOCK” FOR PERFORMING COVID-19 RELATED JOB DUTIES
The attorneys at Shub Law Firm are here to help you get justice against your employer if you are not getting paid for work you required to do as part of your daily workday. Your employer may be in violation of the Fair Labor Standards Act and other laws of your state. We handle cases nationwide. No company is too big for us to fight back against. Our attorneys are well-versed in workers’ rights litigation. You may be eligible for compensation if your employer is not paying you and is instead making you work off the clock for any required work, including COVID-19 related work. Contact us today!
If you or someone you know has been a victim of unpaid wages, please contact us via email at email@example.com or give us a call at 856-772-7200. Shub Law Firm is a national leader in representing individuals, just like you, who have been victimized by companies big and small. Our experienced attorneys are here to help you get justice. Contact us now! All consultations are free of charge.