Replacement Worker, Strike Worker, Lockout Worker or Picketing Worker? 

If so, the Kehoe Law Firm, P.C. is investigating whether Replacement Workers, Strike Workers, Lockout Workers or Picketing Workers have been improperly compensated under the Fair Labor Standards Act (“FLSA”) and applicable state wage laws. 

Replacement Worker, Strike Worker, Lockout Worker & Picketing Worker Overtime Investigation

The investigation concerns, among other things, whether temporary replacement workers (also referred to as strike workers, lockout workers, and picketing workers) were paid the full and legally mandated overtime premium for hours worked over forty (40) during the workweek, as well as whether employees who “worked off the clock” received overtime pay at a rate not less than one and a half (1½) times the regular rate at which they are employed, as required by the FLSA for all hours worked in excess of 40 hours per workweek.

Possible examples of overtime work include, but are not limited to, traveling to and from work in company sponsored vehicles/vans, putting on and removing employer-required uniforms or personal protective equipment (“PPE”) before and after a shift started and ended, and/or working through an allowed lunch or other break.

The investigation also focuses on whether employers kept proper records to sufficiently determine a replacement, strike, lockout, or picketing worker’s wages, hours, and other conditions of employment.

What Can Replacement Workers, Strike Workers, Lockout Workers or Picketing Workers Do If They Believe They Have Been Improperly Compensated?

If any of the examples listed above apply/applied to your work situation, and you would like to explore your rights or potential legal options, please contact our Firm. We would welcome the opportunity to review your circumstances and answer any questions you may have – at no cost or obligation to you.  For additional information, please contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected] or send an e-mail to [email protected].

Requirements of the Fair Labor Standards Act (“FLSA”)

According to the United States Department of Labor, the basic requirements of the Fair Labor Standards Act are payment of the minimum wage, overtime pay for time worked over 40 hours in a workweek, restrictions on the employment of children, and recordkeeping.  More information in this regard can be found on the Fair Labor Standards Act Advisor web page.

Kehoe Law Firm, P.C.

The Kehoe Law Firm, P.C. is a multidisciplinary, plaintiff–side law firm dedicated to protecting investors and consumers from corporate fraud, negligence, and other wrongdoing. Driven by a strong and principled sense of social responsibility and obtaining justice for the aggrieved, Kehoe Law Firm, P.C. represents plaintiffs seeking to recover investment losses resulting from securities fraud, breaches of fiduciary duty, corporate wrongdoing or malfeasance, those harmed by anticompetitive practices, and consumers victimized by fraud, negligence, false claims, deception, data breaches or whose rights to minimum wage and overtime compensation under the federal Fair Labor Standards Act and state wage and hour laws have been violated.