Over the past several years, employers have increasingly used time-tracking software that allows them to keep track of their employees’ time down to the minute. But in many cases, companies choose to “round down” their employees’ time, or to make automatic deductions for breaks or meals, even if those breaks or meals do not take place. In such cases, workers may have a claim for unpaid overtime. According to an article in the Wall Street Journal, workers have increasingly filed such lawsuits, claiming that the companies they work for are unfairly subtracting fractions of their hourly wages using time-tracking software.
American Airlines, Kroger and luxury chain Montage Hotels & Resorts, among others, have recently been sued for such violations. Companies used time-rounding and automatic break deductions because they prevent having to record every second of time and every break. But every minute that a worker is working should be paid, and if the worker works more than 40 hours in a week, any such time should be paid at one-and-a-half the worker’s regular rate of pay, assuming the worker is not exempt from overtime pay.
Nurses, call center workers and factory workers are often subject to these software programs. Nurses complain that they are subject to an automatic break deduction regardless of whether they take the break or not during their shift. Call center workers often are still on the phone at the end of their shift but have their time cut off when their shift ends. These software programs are yet another form of wage theft being perpetuated on American workers.
If you or a family member or friend has been subject to one of these time-shaving schemes in the past three years, consult with an experienced wage and hour attorney as soon as possible. Josh Borsellino is a Texas attorney who represents workers to get them the overtime pay they deserve. For a free consultation, complete this form or call Josh at 817.908.9861.