Tag: FLSA violation

Eleventh Circuit Finds Automatic Meal-Time Deductions from Overtime Violate FLSA The Eleventh Circuit Court of Appeals has recently ruled against an employer that attempted to deduct an hour off of overtime pay for meal-time, despite recognizing that time as compensable travel time. According to the court, this violates the Fair Labor Standards Act (FLSA). In this case, the plaintiffs worked as air security officers for a government contractor that repatriated individuals on behalf of the U.S. government. Their duties were to ensure safety on the flights out of the U.S. and then return on the "empty return legs" during which they had few duties and could primarily spend the time how they wished. The employer did acknowledge that they must pay overtime for these return trips, which they generally did. When these trips were greater than 90 minutes, though, they would automatically deduct an hour as a meal period. During this time, the plaintiffs were instructed not to perform any work duties and to use the time however they pleased, but these periods were not recorded. Instead, an hour would simply be deducted from every employees' timesheet. The plaintiffs sued their employer, claiming unpaid wages under the FLSA, and the federal district court granted summary judgment in the plaintiff's favor. The court also found that the employer had acted in good faith in attempting to follow the FLSA. Outside counsel even testified that the defendant had contacted them to inquire whether or not the policy conformed with the FLSA. The defendants appealed, and the Eleventh Circuit began its analysis by using the Supreme Court's predominant benefit test. This test examines whether or not the time an employee spends is work based upon whether the labor is primarily for the benefit of the employer. The United States Department of Labor also supplies guidance in determining hours worked, stating that employees must be relieved of all duty "for the purposes of eating regular meals." Additionally, if a worker "is required to perform any duties, whether active or inactive while eating," then they are not relieved. The court noted the question of who bears the burden of proving whether the time should be compensable. The court settled on a burden-shifting standard previously articulated by the Supreme Court. The court held that once the employee satisfies the burden of showing their work hours are typically compensable, the employer must show that the "meal period" is genuine. In this case, the plaintiffs' burden was satisfied by the employer's classification of the time as compensable travel time and thus must show that the meal-time was, in fact, genuine. Though the employer maintained that during one hour of the return flights, the plaintiffs were relieved from all duties for the purposes of a meal break, the court found that nothing distinguished this time from any other idle time for which the employees were compensated on the flights. For this case, the court found that the act of waiting was, in fact, work. Previous case law from the court regarding meal breaks confirmed this conclusion the court found. The court had previously accepted guidance from §785.19, which states that complete relief of duty is required to deduct a meal break from overtime pay rather than simply the predominant-benefit standard. At this stage, the court found that the plaintiffs had not been completely relieved of duty until they arrived home and completed any necessary administrative tasks. The Eleventh Circuit did affirm, however, that the employer had acted in good faith and had not willfully violated the FLSA. Employer Takeaways Employers should practice caution in assuming obligations under the FLSA. In this case, the court concluded that the employer's conclusion that the time was compensable was enough to satisfy the employee's initial burden of demonstrating they performed compensable labor. However, the court noted that otherwise, compensation may or may not be necessarily required for the return time. Did you know that Pre-employ offers resources to help employers stay compliant and incorporate fair chance hiring practices? Learn more by downloading our free resource guide on 5 Tips To Avoid FCRA Non-Compliance. STAY COMPLIANT WITH YOUR BACKGROUND CHECKS

Tag: FLSA violation

Eleventh Circuit Finds Automatic Meal-Time Deductions from Overtime Violate FLSA

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