The Fair Labor Standards Act (FLSA) applies to most workers in the United
States and provides that employees are entitled to earn at least minimum
wage, and non-exempt employees must be paid overtime compensation at a
rate of one and one half times their standard rate of pay for all time
spent working in excess of forty hours in any one work week. Often wage
and hour lawsuits are the result of the failure of employers to properly
compensate workers for all time spent on the job.
If you have questions about your pay or believe that you may not have received
all the compensation you deserve, it is important to consult with an experienced
Atlanta wage and hour attorney right away.
As part of the FLSA, employers must compensate their employees for all
time on the job – this calculation includes times spent performing
duties that are “integral and indispensable” to their principal
work activities. Defining just what are “integral and indispensable”
duties is often a point of confusion for employers and for the courts.
Recently, the Supreme Court determined that time spent going through mandatory
anti-theft security screens before leaving work did not constitute an
integral and indispensable part of warehouse employee’s work.
Justice Clarence Thomas explained, “[A]n activity is not integral
and indispensable to an employee’s principal activities unless it
is an intrinsic element of those activities and one with which the employee
cannot dispense if he is to perform those activities.”
While in this situation the activities were not considered “integral,”
other required activities such as donning security equipment, have been
found to be “integral” and compensable.
For more information, or if you have concerns that you haven’t been
paid all you rightfully deserve, please contact the experienced
Atlanta FLSA attorneys at the Buckley Law Firm for an immediate, confidential consultation.