“Is Prep Time Work Time?” – Warehouse Workers Recover Hidden Wages
“I spend an hour a day putting on gear and waiting in security lines. Why is this unpaid?”
Client D worked at a large logistics warehouse in New Jersey. His day was long before it even “started.” He had to arrive 30 minutes early to don heavy safety gear and pass through security. At the end of the shift, he had to wait another 20 minutes in line for mandatory anti-theft security checks. The company claimed this was “Off-the-clock” time and only paid for the time spent on the warehouse floor.
Song Law Firm’s Legal Analysis: Integral and Indispensable Tasks are Compensable.
50 minutes a day may seem small, but over a year, it adds up to thousands of dollars. Song Law Firm cited the “Portal-to-Portal Act” and Supreme Court precedents to argue the case.
If the preparation (Donning) and concluding (Doffing) activities are “Integral and Indispensable” to the principal activities of the job, they must be compensated. Client D could not work without the safety gear, and the security checks were mandatory for the employer’s benefit. Therefore, this was work time.
The Result: Class Action Leverage & Swift Settlement
Realizing this affected not just Client D but all employees, we leveraged the potential for a Class Action lawsuit.
-
Result 1: The 30-minute prep time and 20-minute wait time were recognized as compensable work hours.
-
Result 2: When added to the regular shift, these hours pushed the total over 40 hours/week, triggering the 1.5x Overtime Rate.
-
Result 3: Secured a swift and satisfactory settlement for the client to avoid a larger lawsuit.
From the moment you start an activity required by your employer, you should be paid. Song Law Firm turns your lost time into recovered wages.
[Contact Us]
-
KakaoTalk Channel: Song Law Firm
-
Phone: 201-461-0031
-
Email: mail@songlawfirm.com
-
Website: www.songlawfirm.com
Disclaimer: Prior results do not guarantee a similar outcome. This content is for informational purposes only and does not constitute legal advice. Please consult with an attorney regarding your specific situation.
