Under Federal and state law, not only are you entitled to be paid minimum wage and overtime, but you are required to be paid for work performed prior to the start of your shift and for hour worked even if not on the clock.
Former employees of Hilton Reservations Worldwide LLC’s call center will be getting back wages. The company, doing business as Hilton Reservations and Customer Care in Carrollton, Texas, has agreed to pay $715,507 in minimum and overtime back wages to 2,645 current and former customer service employees .
The agreement follows an investigation by the U.S. Department of Labor’s Wage and Hour Division that found violations of the Fair Labor Standards Act, the department said in a press release.
The investigation found that the company failed to pay employees for work performed prior to clocking in at the start of their scheduled shifts, such as booting up a computer, opening programs required to assist customers and reading pertinent emails, according to the Department of Labor.
Consequently, the employees did not receive at least the minimum wage for that time as required by the Fair Labor Standards Act. In addition, because the time was not included in employees’ total hours worked, which is used to calculate overtime wages, they did not receive the correct overtime rate of pay.
The department also said Hilton failed to maintain the required records.
The Fair Labor Standards Act requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers also are required to maintain accurate time and payroll records.
If you believe you are not being paid for all hours worked, contact the U.S. Department of Labor or an attorney such as Scott Behren and the Behren Law Firm to discuss the issues.