A federal court in New Jersey recently allowed a lawsuit filed by four police officers to proceed as a conditional collective action under the Fair Labor Standards Act. The officers claim that the city failed to pay them and other officers for all hours worked in violation of the FLSA.
The plaintiffs claim that Wildwood required them to work
"off the clock" for 15 minutes before each shift. In
addition, they allege that Wildwood violated the FLSA by failing to
pay them for meal and coffee breaks, which they claim were
compensable. To be a bona fide meal period under the FLSA, an
employee must be completely relieved of his or her duty for the
purpose of eating regular meals. Finally, the officers allege that
the city regularly required them to perform work after their shifts
ended and failed to pay them for their post-shift work unless
Wildwood "pre-approved" the time.
Wildwood opposed the plaintiffs' application to conditionally
certify the case as a collective action, arguing that the putative
class members worked in different locations and departments and had
different jobs. In addition, the city argued that the plaintiffs
only worked 35 hours per week, so they were not entitled to
overtime. The Court rejected Wildwood's arguments and
conditionally certified the case as an FLSA collective action,
which means that the plaintiffs are permitted to notify potential
class members in an effort to get them to join the lawsuit.
This case contains several allegations that frequently lead to
claims under the FLSA or the New Jersey Wage and Hour law,
including off-the-clock work and unpaid rest periods. You should
regularly audit your company's compliance with the various
requirements of state and federal wage and hour laws to ensure that
your company is not the next target of a class or collective action
lawsuit.
Originally published on the Employer's Law Blog
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