A Pennsylvania company that publishes business newsletters will pay about $1.75 million to thousands of employees who had to clock out while going on short breaks, including for the bathroom.
A federal judge has given the U.S. Department of Labor and the Malvern-based company, American Future Systems Inc., until Thursday to submit proposals on how to manage the payment process, The Philadelphia Inquirer reported.
The bill includes back pay and damages to 6,000 employees who worked at offices in Pennsylvania, New Jersey and Ohio between July 2009 and July 2013.
The Department of Labor filed a lawsuit in November 2012, claiming the company violated the federal Fair Labor Standards Act because employees weren’t earning the minimum wage— $7.25 per hour —when the company required them to clock out for breaks.
“No worker should have to face the choice: Do I take a bathroom break, or do I get paid?” said Adam Welsh, an attorney at the U.S. Department of Labor’s Philadelphia office.
The law doesn’t require companies to give workers personal breaks. But if it does offer breaks, it must pay workers for them.
The company issued the written policy in July 2009, saying that workers could take breaks “at any time” but those breaks wouldn’t be paid. It had argued that federal law didn’t require it to pay employees for short breaks because employees were completely relieved from duty and could do what they wanted during that time.
A judge ruled against the company on Dec. 16, citing Labor Department regulations.
The company’s lawyer declined to comment.
The Associated Press contributed to this report.
The Company this the Company that HELLO Who at the Company Got a name? Companies don’t talk people do!
I recall this dude who took like 6 sh1ts a day the guy never got nothing done he was known as King Flush the guy was an ex Marine who was 6 foot weighing a biscuit shy of 300 pounds and he wasn’t muscle as other Marines
And your point?
That’s awful they should have close that company.talking about with all do respect.
You should try being a teacher and having 4 minutes between classes to go to the bathroom.
Having your own personal slop jar underneath your desk would probably eliminate that stupid rule in a hurry.
Sorry but when you got to go you got to go, sense I lost 14 inch. Of colon do to cancer you better not be in my way our you will get shi$ on, that is a fact, but if you abuse it then you should be reprimanded, then if you do it again fired, but some do get the shi$ s from food and other things so don’t judge unless you know for a fact.