You may be cheated out of overtime if you are a residential or nursing care worker: (1) when not fully paid for all time worked, (2) when meal breaks are automatically deducted from paid time even though the meal break was not taken, (3) when the meal break was a “working lunch or dinner,” (4) when the 30 minute break was interrupted by work activities and then completed.
Nurse Practitioners misclassified as independent contractors instead of employees are owed overtime. In a recent settlement, two health care facilities with common ownership also owe overtime to shared employees when the owner failed to add up the total hours worked by each shared employee at both facilities in the same week. Finally, this employer automatically deducted meal breaks from time worked, even when employees worked through meal breaks.
What does Spiderman have to do with Overtime Violations?
With increased power to monitor employee activities does not come more power to deduct rest breaks and meal periods as unpaid time. Just because technology gives greater power to track employee activities; there is still responsibility to treat short breaks and meal periods as paid time under the FLSA.
Not every short break can be deducted as unpaid time under the FLSA. Software can now track both work tasks and when the call center employee is not working on those tasks. Despite more accurate monitoring, there is still a responsibility to treat short breaks as paid time.