Working through meal breaks and being required to remain in the store after they have clocked out are the basis for a class action lawsuit by employees of the Forever 21 clothing store in California for unpaid wages and overtime.  The employees claim in the suit that they were required to work through their meal breaks. After they had clocked out, they were required to remain in the store while a security check or sweep was done to make sure they hadn't stolen anything was completed. 

Source: Los Angeles Times

Kentucky law requires that an employee be completely relieved of work duties during unpaid meal breaks.  If an employee has to perform work during what is supposed to be their meal break, the employee must be paid for the time. If an employer requires an employee to stay in the workplace after they have clocked out, the employee is supposed to be paid for the time.  The exception to the last point would if the amount of time was practically nothing or de minimis, to use the phrase the courts use. 

Lexington, Kentucky wages and overtime lawyer Robert Abell represents employees in suits seeking recovery of unpaid wages and/or overtime; contact him at 859-254-7076.  




 

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