TRENTON, N.J. — A group of delivery drivers filed a class action suit against Home Depot for alleged violations of the Fair Labor Standards Act (FLSA) and New Jersey wage laws. The company is accused of substituting time off for overtime pay because Angel Rivera, the representative of the class, and other drivers meet the requirements for nonexempt hourly employees. Instead of paying the plaintiffs one and one half times his or her regular rate for each hour worked in excess of 40 hours per workweek as required by FLSA, Home Depot allegedly forced them to accept compensatory time off the week following any workweek in which they worked overtime. The suit covers all drivers employed between July 2010 and November 2014.
Overtime and Compensatory Time Off
FLSA generally requires wages, including overtime, be paid in money. “Compensatory time off” in lieu of cash for overtime is prohibited under FLSA in private sector employment. Under certain conditions, employees of State or local government agencies may receive compensatory time off, at a rate of not less than one and one-half hours for each overtime hour worked, instead of cash overtime pay. Additionally, law enforcement, fire protection, and emergency response personnel and employees engaged in seasonal activities may accrue up to 480 hours of compensatory time off, and all other state and local government employees may accrue up to 240 hours of compensatory time off. An employee must be permitted to use compensatory time on the date requested unless doing so would unduly disrupt the operations of the agency.
Minimum Wage and Compensatory Time Off
If minimum wage requirements are met by an employer, and an employee is paid at least the minimum wage rate for all hours worked up to 40 hours, FLSA does not govern how an employee is compensated when no FLSA overtime is worked. For example, if an employee is scheduled to work 35 hours per workweek, and worked 40 hours in a particular week, FLSA overtime requirements are not triggered. Therefore, there is no FLSA requirement about how the five additional hours are paid. An employer may compensate for these hours pretty much as it wishes, either by paying wages at the regular rate, or in compensatory time off.
If you or someone you know is not being paid minimum wage or overtime wages, or is being forced to take compensatory time off instead of overtime wages in violation of FLSA, or you should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our top-rated team of wage lawyers will evaluate your situation to determine your best course of action. We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing, so it is important that you call our experienced attorneys today.