Working off the clock to keep up with their caseloads social workers in Jefferson County racked up a lot of unpaid overtime, especially since their supervisors knew they were doing it. Social workers employed by the Kentucky Cabinet for Health and Family Services in Jefferson County will be receiving $175,000 in unpaid overtime as a part of a settlement reached on a complaint filed with the U.S. Department of Labor. About 140 social workers will be dividing the money which will cover unpaid overtime from 2010-2012.
This case arose, it appears, because the social workers, in order to keep up with the demands of their caseloads, were compelled to work off the clock and their managers knew it. An employee must be paid when they perform work for the employer and the employer knows they are doing it; the employer may not simply decline to pay or authorize the overtime.
We reviewed in a post on September 20, 2011, that social workers were not exempt from overtime pay requirements: Are social workers exempt from overtime pay requirements? and also discussed the legal issues on the Kentucky Employment Law Blog: Are Social Workers Exempt from Overtime Pay Requirements?
Lexington, Kentucky overtime lawyer Robert Abell represents individuals and employees seeking to recover the wages and overtime they've earned but not been paid; contact him at 859-254-7076.