Benefits And CompensationHR Management Compliance

Pre- and Postshift Work Ignites Hearth for Sprinkler Firm


When workers work on shopper jobsites or at distant places, it might be tempting to pay them based mostly on their scheduled hours as an alternative of monitoring their particular hours labored. But when they carry out work earlier than or after their scheduled shifts, which incorporates duties similar to loading and unloading instruments, then they must be paid for the time.


A latest resolution by the U.S. fifth Circuit Courtroom of Appeals (which covers Louisiana employers) serves as a superb reminder of why it’s essential to be clear workers should precisely document their hours labored so you may pay them accordingly.

Laying on the wooden

Workers within the building division of 5 Star Automated Hearth Safety, LLC, a fire-sprinkler set up and repair firm, work in two-man crews with one foreman (sprinkler fitter) and one helper (laborer). The crews sometimes work at shopper jobsites. Some are near the corporate’s store the place pipe is minimize and welded, others are as much as an hour away, and a number of other are out of state, requiring crews to remain out of city through the workweek. Sometimes, the crews additionally work within the store or on the proprietor’s ranch.

Usually, 5 Star’s building workers work from 7:00 a.m. to three:30 p.m. The crews first report back to the store and cargo the supplies wanted for the workday, then drive an organization truck to the jobsite, and finish their day by driving again to the store to drop off the corporate automobile.

As hourly workers, they have to document their very own time by writing on firm timesheets what number of hours they labored every day. If an worker splits a day between a jobsite and the ranch, he doesn’t document his begin and cease time for every location or the order by which he labored on the websites.

Including the kindling

The U.S. Division of Labor (DOL) performed an investigation by which the investigator discovered the development workers have been owed for uncompensated time earlier than and after their shifts, in addition to again pay.

After 5 Star declined to pay the again wages the DOL claimed have been owed, the company filed a lawsuit alleging extra time and recordkeeping violations beneath the Truthful Labor Requirements Act (FLSA) and in search of again wages and liquidated (double) damages for the staff.

Lighting the Match

The dispute went to trial. The DOL referred to as a number of former workers to testify about 5 Star’s compensation practices. They persistently testified they:

  • Had been required to report back to work no later than 6:45 a.m. for a 7:00 a.m. shift;
  • Engaged in compensable work duties earlier than 7:00 a.m.;
  • Left their job websites at 3:30 p.m. to drive again to the employer’s facility; and
  • Had been advised by the lead supervisor to not document any pre- or postshift time.

The choose discovered 5 Star didn’t preserve correct data, required workers to reach on the store early with out compensating them for the 15-minute hole, and didn’t pay for the required journey time again to the store. The courtroom decided the employer was liable to 53 building workers for $121,687.37 in again wages and an equal quantity in liquidated damages (plus a bit extra for another violations).

Stoking the Hearth

5 Star requested the fifth Circuit to evaluate the choice, nevertheless it agreed with the district courtroom choose. Usually talking, if an employer’s data are “inaccurate or insufficient,” an worker want solely present by “simply and affordable inference” she was an worker, labored the hours, and wasn’t paid. The employer then has the chance to return ahead with proof of the exact quantity of labor carried out or with proof to name into query the worker’s displaying.

Right here, the district courtroom choose discovered 5 Star’s “bare-bones timesheets” to have “left quite a few evidentiary gaps,” and the fifth Circuit agreed the choose was permitted to fill in these gaps with testimony the employer instructed workers to not document their pre- and postshift work hours.

5 Star supplied arguments about its normal efforts to appropriate timesheet errors, the instruction in its handbook that workers document all of their time, and its openness to addressing worker considerations. The corporate’s efforts, nevertheless, didn’t undermine the particular testimony workers labored (per firm instruction) earlier than and after their recorded hours and didn’t document the additional time. Finally, the district courtroom choose’s again pay and liquidated damages awards stood. U.S. Division of Labor v. 5 Star Automated Hearth Safety, L.L.C., Case 19-51119 (fifth Cir., February 9, 2021).

Extinguishing the Hearth Earlier than it Begins

This case serves as a superb reminder of the low bar workers have to satisfy to point out they’re entitled to pay for off-the-clock work when the employer’s data aren’t correct. In response to the courtroom, “It’s a lenient normal rooted within the view that an employer shouldn’t profit from its failure to maintain required payroll data, thereby making the perfect proof of damages unavailable.”

You might be answerable for sustaining data of hours labored, so it’s essential to have insurance policies in place that clarify workers are anticipated to document all time labored and to coach administration to implement this expectation, fairly than, as right here, providing conflicting directions. Should you aren’t certain what your obligations are for timekeeping, compensating workers, and recordkeeping, contact your employment lawyer for recommendation earlier than you’re engulfed in flames just like the employer right here.

Maggie Spell is a companion in Jones Walker’s labor relations and employment apply. She might be reached in New Orleans at [email protected].

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