Jan 14, 2022 | Overtime & Wages
Wage & Hour Investigation On Behalf Of Warehouse Workers In Pennsylvania Who Have Not Been Paid For Spending Time In Security Screenings Before Or After A Work Shift
If you have been a Warehouse Worker employed in Pennsylvania who has been required to spend time going through security screenings before or after your work shift, you may have a claim for unpaid wages for “off-the-clock” time going through security screenings required by your employer.
In regards to warehouse workers, employees should be aware that Amazon was recently ordered by the Pennsylvania Supreme Court to pay its warehouse workers for time spent in security screenings.
Workers at Amazon Fulfillment Centers in Pennsylvania are required to go through security screenings after they clock out at the end of the workday. This is done as a precautionary measure by the company to minimize losses due to employee theft. Such security screenings are solely done for the benefit of the company. Despite the extensive amount of time spent in security screenings, Amazon never paid their employees for this time. But in 2013, two Amazon employees at the company’s Breinigsville, PA warehouse filed a class action lawsuit seeking compensation for the time they spent waiting in line to have their bags searched.
Eventually, the class action reached the Pennsylvania Supreme Court, which ruled that this practice violates the Pennsylvania Minimum Wage Act. Specifically, the Pennsylvania Supreme Court determined that under the Pennsylvania Minimum Wage Act, the phrase “hours worked” includes “any time when an employee is required by the employer to be on the premises of the employer.” Further, there is no exception for “de minimis” amounts of time under the Act.
The Court’s holding in the Amazon case that time spent in security checks is compensable is not only important for Amazon employees in Pennsylvania, it also is significant for any worker in Pennsylvania who has been required by his or her employer to spend time off-the-clock going through security screenings.
Warehouse Workers in Pennsylvania who have not been compensated for pre- and post-shift security screenings are encouraged to contact Kehoe Law Firm, P.C., Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], to learn more about the wage and hour investigation and potential legal claims.
Jan 14, 2022 | Uncategorized
Pennsylvania’s Minimum Wage
The minimum wage in Pennsylvania is $7.25 per hour.
Overtime
Most employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. Overtime compensation is one and one-half times the employee’s straight time rate of pay. Other employees may be overtime exempt because they may fall into one or more other exemptions.
Compensatory Time (“Comp Time”)
Compensatory time off instead of payment for overtime is not legal.
Required Number Of Employees Before Overtime Has To Be Paid
The number of employees has no bearing on the payment of overtime. It may, however, impact the minimum wage rate.
Requirement To Work Overtime
Your employer may order you to work overtime. Your employer may discipline or terminate you if you refuse to work overtime. If you are not an exempt employee, your employer must pay you 1-1/2 times your regular rate of pay for hours worked over 40 per week. Collective bargaining agreements, however, may specifically govern this issue.
Salaried Employees & Overtime
Being paid a salary does not mean that you are not entitled to receive overtime. Some employees are exempt from overtime, such as executive, administrative, and professional employees, as well as supervisors who are employed solely to supervise. Your actual daily job duties and what your employment contract states determine if you are eligible for overtime.
Holiday Pay
Holiday pay is not required by law. Holiday pay depends on your employer’s policy regarding the payment of holiday pay. For example, if your employer has a policy to pay holidays and you are required to work on a holiday, you would receive straight time for the hours you worked and then payment according to the employer’s policy for the holiday. You could receive straight time for eight hours of work and straight time for eight hours of holiday pay. You are not entitled to overtime pay just because you work a holiday.
Sick Leave, Vacation Pay & Severance Pay
There is no Pennsylvania labor law which requires an employer to pay an employee not to work. Benefits, such as sick leave, vacation pay, and severance pay, are payments to an employee not to be at work. Therefore, an employer has to pay these benefits only if the employer has a policy to pay such benefits or a contract with you to pay these benefits. An employer must follow its own rules for these kinds of payments. There may also be federal requirements governing leave that has to be provided under the Americans with Disabilities Act and Family Medical Leave Act.
“On-Call” Time
Some on-call time is required to be paid, and some is not. When trying to determine if you need to be paid while on call, you need to look at your freedom to pursue your own interests while “on call.” If you are required to carry a beeper, but are free to pursue your own interests, you would not be required to be paid until you had to respond to a call. If you are required to remain at your employer’s place of business and are not allowed to pursue your own interests, such as reading, visiting with others or listening to the radio, your employer would be required to pay for this on-call time.
Breaks & Meal Periods
Pennsylvania employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work five or more consecutive hours. Employers are not required to give breaks for employees 18 and over. If your employer allows breaks, and they last less than 20 minutes, you must be paid for the break. If your employer allows meal periods, the employer is not required to pay you for your meal period if you do not work during your meal period and it lasts more than 20 minutes. A collective bargaining agreement may also govern this issue.
Information An Employer Is Supposed To Place On A Pay Stub
Your employer must give you a paystub each pay period which explains how long you worked, how much money you earned and how much money you were paid. The stub must include the number of hours you actually worked, your rate of pay, your gross wages, your deductions for taxes, and other deductions you have authorized your employer to make. The paystub also has to state the beginning and ending dates of the pay period.
Difference Between Full-Time, Part-time & Temporary Employees
Except for delayed implementation of new minimum wage rates, the Minimum Wage Act makes no distinction between full-time, part-time and temporary employees. Some employers who provide benefits to full-time workers may not provide the same benefits to their part-time or temporary employees. If you are not a full-time employee and you want to know if you are entitled to benefits, you will need to discuss this with your employer. An employer should have set guidelines to establish who qualifies for benefits and who does not. For information on delayed implementation of the new minimum wage rates for smaller employers, please click here for complete details on Pennsylvania’s new minimum wage requirements.
Travel Time Pay
Under Pennsylvania law, an employer must pay for travel time if an employee is required to report to the employer’s establishment, for example, to clock in or load up. If an employee leaves directly from home to the job site or vice versa it is not paid time.
Source: Pennsylvania Department of Labor & Industry (Last Accessed 1/14/2022).
If you believe you have been a victim of employer wage and hour violations, please complete the form above on the right, e-mail [email protected], or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], for a free, no-obligation evaluation of potential legal claims.
Jan 14, 2022 | Blog
The Consumer Financial Protection Bureau (“CFPB”) has released a bulletin reminding debt collectors and credit bureaus of their legal obligations in light of the “No Surprises Act,” which protects consumers from certain unexpected medical bills.
Companies that try to collect on medical bills that are prohibited by the No Surprises Act, or who furnish information to credit bureaus about such invalid debts, may face significant legal liability under the Fair Debt Collection Practices Act (“FDCPA”) and the Fair Credit Reporting Act (“FCRA”).
The CFPB’s bulletin advises credit bureaus that the accuracy and dispute obligations imposed by the FCRA apply with respect to debts stemming from charges that exceed the amount permitted by the No Surprises Act.
The CFPB will investigate claims and take action against companies that attempt to collect or report or furnish consumer information about debts stemming from charges that exceed the amounts permitted under the No Surprises Act.
The bulletin released on January 13, 2022 by the CFPB includes the following reminders to debt collectors, information furnishers, and credit bureaus:
Consumer financial protection law prohibits debt collectors from misrepresenting the character, amount, or legal status of any debt. This prohibition includes misrepresenting that a consumer must pay a debt stemming from a charge that exceeds the amount permitted by the No Surprises Act. In addition, debt collectors are also prohibited from using unfair or unconscionable means to collect or attempt to collect any debt, including the collection of any amount unless such amount is expressly authorized by the agreement creating the debt or permitted by law. Courts have emphasized that collecting an amount that exceeds what is owed would violate the prohibition on unfair or unconscionable debt collection practices.
Many debt collectors furnish information about unpaid medical debts to credit bureaus. Furnishers must have reasonable written policies and procedures regarding the accuracy and integrity of consumer information provided to credit bureaus. Credit bureaus preparing a consumer report must follow reasonable procedures to assure the maximum possible accuracy of information contained in the consumer report. Both credit bureaus and furnishers must conduct reasonable and timely investigations of consumer disputes to verify the accuracy of consumer information.
For furnishers and credit bureaus, the accuracy and dispute obligations imposed by federal consumer financial protection law apply with respect to debts stemming from charges that exceed the amount permitted by the No Surprises Act.
Source: Consumer Financial Protection Bureau
Consumers who believe they are victims of illegal debt collection or credit reporting practices are encouraged to contact Kehoe Law Firm, P.C. by completing the form above on the right or via [email protected] for a free, no-obligation evaluation of potential legal claims.
Jan 10, 2022 | Blog
FTC Report To Congress Finds There Is Little Evidence To Support Manufacturers’ Justifications For Repair Restrictions
In a new report to Congress, the Federal Trade Commission (“FTC”) identified numerous types of repair restrictions, such as using adhesives that make parts difficult to replace, limiting the availability of spare parts, and making diagnostic software unavailable.
The report’s findings, including that “there is scant evidence to support manufacturers’ justifications for repair restrictions,” are primarily based on responses to the FTC’s requests for public comments and empirical research issued in connection with its July 2019 workshop, “Nixing the Fix: A Workshop on Repair Restrictions.”
Congress directed the FTC to issue the report, noting that it “is aware of the FTC’s ongoing review of how manufacturers – in particular mobile phone and car manufacturers – may limit repairs by consumers and repair shops, and how those limitations may increase costs, limit choice, and impact consumers’ rights under the Magnuson-Moss Warranty Act.”
The Anti-Tying Provision Of The Magnuson-Moss Warranty Act (“MMWA”)
The MMWA is a consumer protection law passed in 1975 to clarify how written warranties may be used when marketing products to consumers.
The MMWA requires warrantors of consumer products to provide consumers with detailed information about warranty coverage.
Section 102(c) of the MMWA, known as the anti-tying provision, prohibits warrantors from conditioning warranty coverage on the consumer’s use of an article or service identified by brand, trade, or corporate name, unless the warrantor provides that article or service without charge or the warrantor has received a waiver from the FTC.
This provision, for example, bars an automobile manufacturer from voiding a warranty if a consumer has scheduled maintenance performed by someone other than the dealer, prohibits a printer manufacturer from conditioning its warranty on the purchaser’s use of the manufacturer’s branded ink, and forbids a smartphone manufacturer from voiding a warranty when a consumer has a new battery installed at a kiosk at the mall.
Essentially, the anti-tying provision bars manufacturers from using access to warranty coverage as a way of obstructing consumers’ ability to have their consumer products maintained or repaired using third-party replacement parts and independent repair shops.
Companies may seek a waiver of this prohibition if: (1) the warrantor satisfies the FTC that the manufacturers’ parts or services are necessary for the product to function, and (2) the waiver is in the public interest. Since 1975, only three waiver requests have been made to the FTC, all of which were denied.
Types Of Repair Restrictions
There are certain manufacturer practices that “right to repair” advocates assert have the effect of limiting consumer repair choices.
Repair restrictions discussed at the FTC’s July 2019 Workshop on Repair Restrictions generally fall into eight categories:
1) Physical restrictions; 2) Unavailability of parts, repair manuals, and diagnostic software and tools; 3) Designs that make independent repairs less safe; Telematics (i.e., information on the operation and status of a vehicle that is collected by a system contained in the vehicle and wirelessly relayed to a central location, often the manufacturer or dealer of the vehicle); 4) Application of patent rights and enforcement of trademarks; 5) Disparagement of non-OEM parts and independent repair; 6) Software locks; 7) Digital Rights Management and Technical Protection Measures; and 8) End User License Agreements.
Source: Federal Trade Commission
If you feel that you have been prevented or obstructed from having a consumer product repaired using third-party replacement parts or independent repair shops or facilities, or that your warranty was voided, or will be voided, because of independent repair, please complete the form on the right or e-mail [email protected] for a free, no-obligation evaluation of potential legal claims.
Dec 23, 2021 | Overtime & Wages
The FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments.
- FLSA Minimum Wage: The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
- FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days. Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and fire fighters employed by public agencies and to employees of hospitals and nursing homes.
- Hours Worked (PDF): Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.
- Recordkeeping (PDF): Employers must display an official poster outlining the requirements of the FLSA. Employers must also keep employee time and pay records.
- Child Labor: These provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.
Various minimum wage exceptions apply under specific circumstances to workers with disabilities, full-time students, youth under age 20 in their first 90 consecutive calendar days of employment, tipped employees and student-learners.
Many states, such as Pennsylvania, also have minimum wage laws. Where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher minimum wage rate. Where state law requires a higher minimum wage, the higher standard applies.
Some states have also enacted overtime laws. Where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher rate of pay).
Wage and Hour Division, U.S. Department of Labor
The Wage and Hour Division of the U.S. Department of Labor enforces the FLSA’s federal minimum wage, overtime pay, record keeping, and child labor requirements. The following are links to FLSA-related investigations conducted by the Wage and Hour Division of the U.S. Department of Labor:
$125K in overtime, prevailing wages recovered for 34 plumbers employed by federal project’s subcontractor
$1.3M in back wages recovered for 500 farmworkers in Texas denied full wages, overtime
$137,838 in wages, damages for 71 home healthcare workers who were denied overtime
Home healthcare provider pays $120K in back wages, damages to 36 employees after DOL finds wage violations
$139K in overtime back wages recovered for 21 employees after federal court orders employer to comply
$79K in wages recovered for 39 healthcare workers serving individuals with disabilities in Louisiana
Federal investigators find Texas residential builder owed employees $163K in overtime
Federal court orders Weymouth, MA restaurant and owner to pay $345K in back wages and damages to 13 workers denied overtime pay and earned tips
New Hampshire Retailer Pays $50,000 In Punitive Damages To Worker Terminated After Asking For Owed Overtime Wages
Investigation Recovers $97K In Back Wages, Damages For 330 Workers After U.S. Department Of Labor Finds Violations At 11 Frozen Yogurt Franchise Locations
Honolulu company to pay more than $1 million to 171 security officers after investigation found that the employer illegally schemed to deny payment of overtime wages
North Charleston employer found to have kept workers tips, failed to pay overtime; investigation recovers $154K in back wages, damages
Court orders Long Island horse trainer, stable to pay $132K to 52 employees after US Department of Labor finds wage theft, falsified records
$72K in back wages and damages recovered, after an investigation finds California construction employer underpaid its workers – employees not paid for required off-the-clock work
Hawaii restaurants operator shortchanged cooks In Honolulu, Kailua, failed to pay overtime wages
Federal court orders Massachusetts contractor with history Of FLSA violations to pay $438K in unpaid overtime to 250 employees
Court orders Long Island pizzeria to pay $178K in back wages, damages, penalties for denying workers overtime wages
$105K recovered in back wages for 92 workers, after investigation finds overtime violations by Tampa healthcare services provider
Oklahoma City area nursing homes operators failed to pay workers for time spent in training, meetings
US Department of Labor finds violations at Mississippi fish farms, recovers more than $102K in back wages for 123 workers
Luxury apartment complex in San Jose’s historic Japantown denied maintenance workers overtime wages owed
Wage & Hour Lawsuits
