A federal judge in the U.S. District Court for the Eastern District of Virginia will allow a class-action lawsuit to proceed against a discount retail store chain for unpaid overtime, according to a press release from the law firm of Bean, Kinney and Korman. The time and attendance violations could affect as few as 4,000 and as many as 6,000 individuals in Washington D.C. and the lower 48 states.
The plaintiff's complaint alleges the company violated the Fair Labor Standards Act guidelines by not paying employees for time spent performing work-related duties while not clocked in. Some of these activities include inventory stocking, cleaning and making company deposits at the bank.
The complaint also alleges the company did not allow employees to claim this time as work on paper timesheets and workers didn't do so for fear of retaliation, another practice outlawed by the FLSA.
Company policy states that workers are forbidden to perform work while not clocked in, however employees stated this rule was almost never enforced. Budget constraints along with the pressure to meet deadlines may have been a contributing factor in this case.
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