PHILADELPHIA — David Hoover, a former Jiffy Lube employee, filed a class action suit against the company alleging violations of the Fair Labor Standards Act (FLSA) and Pennsylvania wage and hour laws. Hoover worked for Jiffy Lube as a customer service technician and assistant manager in one of its franchise operations in Warminster, Pennsylvania for several years. In his suit, Hoover is seeking unpaid wages for all hours worked, liquidated damages, judgment, injunctive relief, and attorneys’ fees and costs. Hoover’s suit proposes to represent current and former customer service technicians, assistant managers and others performing similar duties within the last three years.
Off-the-Clock Work Policies
Hoover claims that the company’s policies led it to deny wages to employees for all hours they actually worked. According to the suit, Jiffy Lube required workers to clock out while at work when they were not helping customers during scheduled shifts even though they were required to remain at the store. The suit points to statements made by company officers that indicated it believed there was no reason to pay employees for all hours worked if there were no cars present at the shop. Additionally, the company allegedly edited workers’ time entries to reduce or remove hours worked and automatically deducted break time from employees’ hours worked for breaks that were not taken.
Hours Worked Under FLSA and Waiting Time
Under FLSA, a compensable work week includes all time during which an employee is necessarily required to be on the employer’s premises, on duty, or at a prescribed work place. According to the U.S. Department of Labor, if an employee is waiting for work to do, for repairs to be made, etc. while on duty, he or she is engaged to wait and the time spent is hours worked. This time is compensable even though the employee is allowed to leave the worksite during such periods of waiting. Usually, this period of inactivity is unpredictable and is usually does not last long. The employee can not use this waiting time effectively for his or her own purposes, which is primarily controlled by the employer. Because this waiting time is an essential part of the job, it is compensable under FLSA.
Employers need to consider closely whether workplace time and attendance policies run afoul of federal and state wage and hour laws. If you believe that your employer’s wage policies are depriving you of pay that you are legally entitled to, you should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our wage lawyers will conduct a free consultation and help you pursue the best strategy for obtaining compensation. Call our experienced attorneys today.