Pay Recovered for Workers Not Paid for Round the Clock Work
We successfully represented clients who worked more than 40 hours weekly as live-in direct care employees at a treatment facility for emotionally disturbed children. They were paid on an hourly basis, working shifts of 4 consecutive days, 24-hours a day during each workweek. They provided full-time, monitoring of children. Our clients were unable to enjoy a full night’s sleep while on duty; however, the Defendants would deduct a set number of hours daily as “sleep time” per day worked from their pay. Our clients alleged that the Defendants misclassified them as exempt and failed to compensate them at the federally mandated overtime rate. We successfully recovered all of the employees’ back wages and attorney’s fees from the employer.