Why are Plaintiffs asserting that hourly-paid Carrier workers entitled to receive pay for their pre-shift and post shift activities?
The lawsuit alleges that Carrier only pays its hourly-paid employees for “shift time” in accordance with Carrier’s agreement with the union or according to a pre-determined shift time. However, Carrier employees perform work-related activities both before and after the time covered by the shift time. The FLSA (the federal overtime law) requires that employees be paid for their actual hours of work, not just their shift time or some other pre-determined time period. The lawsuit alleges that the activities performed by Carrier employees before and after their assigned shift time is supposed to be counted and paid for. The lawsuit also alleges that pre-shift and post-shift activities are “integral and indispensable” to the employees’ assigned shift activities or are considered principal activities. Plaintiffs in this case contend that because these activities are actual work activities, Carrier’s “shift time” pay policy violates the federal overtime law.
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