All hours worked are important hours, and no employer shall fail to pay employees the minimum wage. But, what happens when an employer decides not to pay employees for certain working hours? Some courts have found that so long as an employee received at least the minimum wage, averaged out over all hours worked in a workweek, that would be sufficient. But that rule virtually ensures that employers never have to pay their agreed hourly rate – a rule known as the Klinghoffer rule.
Finally, the Federal District Court in Massachusetts rejected this nonsense. Every hour is important. Finding that Congress sought to ensure that employees receive “a fair days pay for a fair day’s work,” the Federal Court in Massachusetts invalidated efforts by employers to avoid the minimum wage. So that where an employer chooses to skip paying for certain hours, those hours will be evaluated individually, and the minimum wage will be due for each unpaid hour. Employers can no longer hide behind the “averaging” rule that allowed them to average all hours paid over the entire workweek.
If your employer requires you to work off-the-clock, or simply refuses to pay for certain time, call us.