How do I prove the amount of time spent doing off-the-clock compensable activities?

No.  It may be that other locating companies do not track and pay for all "work time."  This does not make the practice of not paying for that time any more compliant with the law.  It merely means that other companies may be violating the law as well.

You can join the case by completing and returning the Consent Form you received in the mail.  If the Consent Form was lost or misplaced, you can click on the Consent Form hyperlink and print the form from this website.  The form must be returned to the address on the form by ____________________.  The only way to be included in this lawsuit is to complete the consent form and return it to us before that date.  If you have any questions about your right to participate in the suit, please contact us.

Successful plaintiffs are entitled to back pay for all unpaid overtime, usually beginning two years before the complaint is filed.  In most cases, they are also entitled to double the amount of back pay. This is called "liquidated damages," and is essentially paid instead of interest on the unpaid wages. The FLSA also requires the employer to reimburse out of pocket litigation expenses and pay an additional attorneys' fee award.

Not legally and not without risking a substantial penalty. The FLSA specifically provides that it is "unlawful for any person ... to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted any or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding."

This statute has "teeth," and is interpreted broadly in favor of employees. 

An employer who retaliates or discriminates against an employee in violation of this statute is potentially subject to fines or even criminal prosecution, and the affected employee is entitled to "legal or equitable relief ... including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount" plus attorneys' fees and court costs. "Anti-retaliation" cases may be brought against individuals as well as institutional employers.

No (except in the unlikely event a court were to decide the suit was "frivolous"). However, if a person loses the case, the court may make a plaintiff pay for the "costs" of the lawsuit which are such things as the charge for copies of depositions, etc.

The FLSA normally permits recovery for work performed beginning two years before a complaint is filed in court (and continuing "forward" until the case is resolved). An additional year's recovery period is permitted if the employer "knew" that its employment and pay practices violated the FLSA, but "disregarded" these obligations. Nothing but the filing of a legal complaint in court or a consent to join an existing case "stops the clock." (A complaint to the employer, or the Department of Labor, does not stop the clock)

We litigate these cases on a contingency fee basis.  This means there are no "up front" expenses for legal fees and the attorneys only get paid if the case is successfully litigated.  In addition, court costs, such as filing fees, stenographic transcription fees, etc. are fronted by the attorneys and may be recovered from the other side if the case is successful.

We litigate FLSA cases on a contingency basis.  This means that we do not get paid until we win the case.  We do not charge an hourly fee to you for bringing these cases.  More importantly, in successful cases, the opposing side is responsible for paying additional money as attorneys fees, in addition to back pay and liquidated (double) damages.  This means that much of the attorneys fees are essentially paid by the other side, if the case is successful. 

It is difficult to estimate the time for a case to be resolved. Almost everyone understands that legal proceedings are often slow. Most FLSA cases are filed in federal courts, and how fast a case can get to trial varies from district to district (and judge to judge). 

Probably not.  It is the employer's obligation to control the work. If an employer does not wish work to be performed it must not permit it. Failure to ask for overtime is usually not a defense for an employer in an FLSA case. An exception might be if the employer has a requirement that generally all time be reported and actually has enforced it, or if an employee's failure to report means that the employer did not know the work was being performed.

These are damages an employee is entitled to receive if he or she brings a successful claim. The amount of damages are defined by the FLSA law as being double the unpaid wages due to the employee. Thus, if an employee is awarded $10,000 in unpaid wages, he or she may be entitled to get an additional $10,000 as liquidated damages, bringing the total recover up to $20,000. These damages are essentially awarded instead of lost interest. An employer can avoid paying liquidated damages only if it shows that it acted in good faith and that it had a reasonable basis to believe its practices complied with the law. "Good faith" has a special meaning under the FLSA, and requires that employers have made specific investigation into the application of the FLSA to the particular situation.

The FLSA is the Fair Labor Standards Act. It is the federal law that governs payment of the minimum wage and payments for overtime. This is the law that requires that most employees must be paid time and one-half for all "hours worked" over 40 hours in a work week (a defined 7-day period).

For most employees, overtime is all the hours a person works over 40 in one work week. Overtime is supposed to be paid at time-and-a-half of an employee's regular rate of pay. For example if you make $10 per hour, then you should be paid $15 per hour for all hours you work over 40 in a work week.

Probably not. If your employer knew you were working overtime or reasonably should have known it, then you are entitled to be paid for the overtime. Many employers will tell employees that they will not pay for overtime that is not approved. However, if they know employees are working overtime, even if it is not approved, they are supposed to pay the employees for the overtime work.

The courts have held that work time under the FLSA includes all time spent performing job-related activities which (a) genuinely benefit the employer, (b) which the employer "knows or has reason to believe" are being performed by an employee, and (c) which the employer does not prohibit the employee from performing. These can include activities performed during "off-the-clock" time, at the job site or elsewhere, whether "voluntary" or not.

Yes. Many employees put in "off the clock time" for which they are entitled to be paid. The FLSA defines "work" very broadly, and sometimes employers have failed to count all the hours an employee actually works.

The employer is supposed to maintain records of the time spent by employees performing compensable work activities. If an employer does not maintain accurate records, the employee is entitled to recover based on a good faith, reasonable and realistic estimate of the time he or she worked. In other words, you get to estimate how many overtime hours you worked. The employer will have the burden to challenge the reasonableness of the employee's estimates. Thus, as long as the employee's word is reasonable and the employer fails to rebut this testimony, what he or she estimates will count as accurate.

No, if you work for an employer other than the government. Only public sector (government) employees are permitted to receive comp. time. Comp. time instead of cash for overtime is not generally permitted in the private sector. A public sector employer may pay (at least some) overtime with comp. time.

Overtime must be paid at time and one-half the "regular hourly rate" for every hour an employee works over 40 hours (or the applicable threshold) in a workweek. (For employees whose normal pay is not an "hourly" rate, their regular rate requires converting pay to an hourly equivalent.) Longevity pay, shift differentials, and similar nondiscretionary additional wages should generally be included in calculating the FLSA overtime rate.

No. FLSA cases are not "class actions." An employee need not bring or join an FLSA suit if he or she does not want to. However, similarly situated employees are permitted to join an existing FLSA case, and this is a common procedure. If an employee does not join an existing FLSA suit he or she will not be entitled to recover any money as a result of the suit.

Yes. Private employers may not ask their employees to sign away their rights to minimum wages and overtime pay, even in the context of a waiver.  Only waivers supervised by the Department of Labor or obtained in a private lawsuit can eliminate your rights.

We are available to answer any additional questions you may have.  Please contact us if you would like additional information.