Atlanta Employment Attorneys Blog
New technologies affect all aspects of our work lives. Workers who once wrote their clock-in and clock-out times on paper cards eventually began “punching” in and out using automated machines. Later, they clocked in and out on special electronic timekeeping machines, and eventually, timekeeping became a computerized function. With each evolution, keeping an accurate record of employees’ time worked has presented challenges. However, at each step, the law places the onus on the employer to ensure that its timekeeping records are accurate and that all employees are paid for all the hours they worked. If you believe your employer has illegally underpaid you — or you are an employer concerned about unpaid hours compliance issues — an experienced Atlanta wage and hour lawyer can provide you with essential information and advice.
Just to our south, in Macon, significant legal action is unfolding regarding timekeeping accuracy and unpaid hours in violation of the Fair Labor Standards Act.
The facts underlying the representatives’ claims are similar to those asserted in previous lawsuits in other jurisdictions. The representatives, who worked in the insurer’s call center in Macon, were required to log into a software application to take customer calls and log out of the application at the end of each shift. The application tracked the time each representative was logged in, and the employer paid representatives based on that timer.
According to the representatives, the problem was that the employer imposed additional duties that necessarily occurred before logging in or after logging out. These included tasks like powering their computers on or off, opening or closing Microsoft Windows, connecting to the employer’s VPN, and checking and responding to emails from supervisors. These tasks took “several minutes” at the beginning and end of each shift, but the employer paid the representatives for none of that time, according to the representatives.
That allegedly non-payment for time worked has spawned numerous federal lawsuits federal lawsuits here in Georgia. Last month, the federal court for the Middle District of Georgia consolidated two of the cases. The judge rejected the employer’s argument seeking dismissal of one of the cases as duplicative of the other. The judge noted that the law only dictates dismissal as duplicative if “the parties, issues, and available relief do not significantly differ between the two actions.” While the court agreed with the employer that the pair of cases met the criteria for being duplicative of one another, dismissal was not the proper solution. Instead, the court ordered the two cases consolidated into one.
The third case remains pending. In that matter, which (like the other two) centers around unpaid hours accrued performing pre-login and post-logoff duties, the named plaintiff is currently seeking class certification.
If you seek certification of a class in a federal FLSA case in Georgia, Alabama, or Florida, you must complete a two-step process. The first step, called “conditional certification,” requires employees to show that all proposed class members are similarly situated. Once they do that, the court allows the employer to pursue decertification of the class.
The skilled Atlanta wage and hour attorneys at the law firm of Parks, Chesin & Walbert are here to provide reliable advice and effective advocacy to employees and employers alike who face potential FLSA issues. Our knowledgeable team can help you ensure that you (or your employees) receive what the law demands. Contact us through this website or at 404-873-8048 to schedule a consultation today to get the advice and guidance you need.