Firm to pay up after making workers clock out for bathroom

[Judi Lynn]

Source: Associated Press

Firm to pay up after making workers clock out for bathroom
Updated 6:16 am, Tuesday, January 5, 2016

PHILADELPHIA (AP) — A Pennsylvania company that publishes business newsletters will pay about $1.75 million to thousands of employees who had to clock out while going on short breaks, including for the bathroom.

The Philadelphia Inquirer reports (http://bit.ly/1Jr39Tc ) that a federal judge has given the U.S. Department of Labor and the Malvern-based company, American Future Systems Inc., until Thursday to submit proposals on managing payment.

The company had argued that it wasn't required to pay employees for short breaks.

The bill includes back pay and damages to 6,000 employees at offices in Pennsylvania, New Jersey, and Ohio between 2009 and 2013.



Read more: http://www.chron.com/news/us/article/Firm-to-pay-up-after-making-workers-clock-out-for-6737210.php

[PatrickforO]

1. Good. There's a thing called the Fair Labor Standards Act

that workers bled for in the early 20th century. It says that workers are entitled to two paid fifteen minute breaks and a half-hour unpaid lunch break after working five hours or more.

[sharp_stick]

2. I really hate companies that shortchange employees

They do this kind of shit and then wonder why nobody is happy at work.

In another life I used to always clock in at least 10 minutes early and clock out at least 10 minutes after quitting time. It was easier than joining in the rush into and out of the parking lot. One afternoon I made it to the clock 1 minute before quitting time, said screw it and just clocked out and went home. A couple of days later I was called onto the carpet and reamed out for leaving early.

From that day on I clocked in exactly on time and out exactly on time. It didn't matter if I had to stand in front of that fucking thing for 5 minutes. That's also when I went back to school vowing to never have to punch a clock again.

I made sure the manager knew exactly why I was quitting to go back to school. I should probably thank him now for being such a prick but his high blood pressure has probably popped a vein in his head by now.

[mahatmakanejeeves]

3. Here's the news release from DOL

News Release

Pennsylvania marketing company owes at least $1.75M in back wages and damages for docking employee pay for compensable break time

MALVERN, Pa. — For telemarketing workers of a Malvern publishing company, deciding when to take water, bathroom and rest breaks was a matter of dollars and cents. The workers had their pay docked for virtually all time not spent making sales calls, sometimes bringing their wages below the federal minimum wage.

A federal judge recently found the defendants in violation of the Fair Labor Standards Act, and determined that American Future Systems, doing business as Progressive Business Publications, and its owner, Edward Satell, are liable for pay back wages resulting from these unpaid breaks, plus an equal amount in liquidated damages.

Although the exact amounts have not yet been determined, the U.S. Department of Labor estimates that for violations occurring through June 2013, Progressive and Satell are liable for at least $1.75 million in back wages and liquidated damages to more than 6,000 employees who worked in 14 call centers throughout Pennsylvania, New Jersey and Ohio. Progressive's refusal to come into compliance for more than two years during the course of the litigation will increase significantly the amount of back wages and damages due its employees as a result of its illegal pay policy.
....

Issued on December 16, 2015, by a judge in the U.S. District Court for the Eastern District of Pennsylvania, the decision resolves the primary issues in a department lawsuit filed after a Wage and Hour Division investigation found that telemarketers had to clock in and out for every break, even those as short as two to three minutes. The timekeeping system then deducted the break time from their total hours worked each week. The Wage and Hour Division advised the company that the practice violated the law, but the employer failed to comply with the FLSA. The court found the company also violated FLSA recordkeeping requirements.
....

For more information about federal wage laws, call the Wage and Hour Division's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/whd/

WHD News Release: [01/04/2016]
Contact Name: Leni Fortson or Joanna Hawkins
Phone Number: [phone] or x5101
Email: [e-mail] or [e-mail]
Release Number: 15-2486-PHI

[Judi Lynn]

6. Thanks for the information. n/t

[mahatmakanejeeves]

7. You are welcome.

I am pretty good at tracking down DOL stuff. Please let me know anytime you feel I can be of assistance.

That goes for everyone.

Best wishes.

[phantom power]

4. People who do this kind of thing are broken in some way.

I mean, what kind of asshole do you have to be to even be thinking like that? "Hey, I bet I can save a nickel or two by not paying my employees to take a bathroom break!"

WTF is wrong with them?

[mahatmakanejeeves]

8. Where did they go? It's disgusting. I don't even want to think about it. NT

[AlbertCat]

12. to take a bathroom break!

They should have pissed on the floor. (not really)


There weren't any 8 year olds working there, were there? (except in management)



I will say it used to annoy me when people would continually go out for multiple cigarette breaks that added up to about a extra hour of break time (in a 10 to 12 hours work period.... it was "production week&quot than those of us who didn't smoke. Once I started just sitting there and not sewing (I was in a costume shop) when my assistant and supervisor disappeared to have a cigarette.... but then I would just get behind in what I had to do!

[hughee99]

14. You're missing the important, next part of that thought process

"If I can save the company $100k, by making thousands of employees punch out for every bathroom break, I can get a bonus, a raise or a promotion".

The people who do this don't do it to save the company money, they do it because there's something in it for them, personally.

[CTyankee]

5. It's insane that we are still dealing with this!

But now I know why the repukes made such a big deal out of Hillary's bathroom use before the debate...they ARE insane...

[wolfie001]

9. Inhumane pricks!

Otherwise known as Republicans. Fucking assholes!

[OregonBlue]

10. Wonder if the owner is a Mormon?

[AlbertCat]

11. Good...

..... but whose going to jail for extortion?

[justhanginon]

13. What is frightening is the name of the company. This does not bode well for

workers in this country; "American Future Systems". A precursor of things to come if Republicans rule.

[tabasco]

15. "American Future Systems" LMAO.

This is our future if republicans have their way.

[senz]

16. We need to elect a president who puts the people first.