Legal Question in Employment Law in Texas
Breaks/Arriving early to work
Hello,
My boyfriend is a security guard, working for an agency employed by an automotives plant. His employer makes them come in at least a half-hour early, without letting them clock in, makes them clock out when traveling from one post on the plant to another, clock out for breaks, etc. My understanding is that under the Fair Labor Standards Act of 1938, the employee must be paid for time on-call and short break periods; making these practices a violation. In addition, they had, in the past, underpaid him, and then rather than making up the pay, they raised his rate of pay. Had the pay raise taken place when they said it would, it would have came out even. But the raise didn't come until six month later. They also make him do risky tasks without protective equipment. What are his rights, and what can he do to remedy this?
1 Answer from Attorneys
Re: Breaks/Arriving early to work
The employer's conduct seems to be a clear violation of the Fair Labor Standards Act and there could be substantial damages on this issue. There probably is no liability for the failure to raise his pay, even after promising to do so, in the absence of a written contract although I would need more facts to assess this. The issue of protective equipment, if not statutorily required, would be one of reasonableness.
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