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November 17th, 2020
Uncompensated COVID-19 Safety Protocols Prompt Class Action Wage and Hour Claim
Many employers have implemented COVID-19 safety protocols for their employees based upon various government regulations, orders, and guidance as well as genuine concern for the health and well-being of the employees. But, do those employers have an obligation to compensate their employees for time spent going through the employer’s required COVID-19 safety protocols? One California employer is finding out the hard way.
Last month, a proposed class action was filed against Cytec Engineered Materials, Inc., a chemical manufacturer, in Orange County Superior Court alleging wage and hour violations of the California Labor Code. The plaintiff alleges non-exempt employees were required to: (1) don personal protective equipment, including safety goggles, masks, face shields, and gloves; and, (2) wait in line to be screened for COVID-19 through mandatory temperature checks. Because these allegedly work-related tasks were uncompensated, The plaintiff claims that Cytec failed to pay minimum wages, pay overtime, and issue accurate wage statements because employees were not compensated for time spent on these allegedly work-related COVID-19 protocols.
We will continue to monitor this litigation. If you have any questions about your company’s COVID-19 safety protocols, or compensation and timekeeping policies, please contact Tricia Legittino at (310) 579-9632 or email@example.com, Tiffany Caterina at (310) 579-9620 or firstname.lastname@example.org, Wendy Stryker at (212) 705-4838 or email@example.com, or any other member of the Frankfurt Kurnit Employment Compliance, Training & Litigation Group.
Other Employment Law Alerts
Top New California Employment Laws for 2023
We share a snapshot of the new employment laws California employers and employees need to know as they start off 2023. Read more.
January 3 2023
June 30th is the Deadline for Employers to “Invest In” California’s New Mandatory Retirement Plan
The California Legislature has passed a new mandatory law requiring companies with more than five California-based employees (one of whom is at least 18 years old) to offer a retirement plan to their employees and report their compliance with the law by June 30, 2022. Read more.
June 27 2022
New York City Employers Must Provide Salary Ranges in All Job Postings Effective November 1, 2022
May 9 2022