large company demanding unpaid labor from employees; possible class action

I work for a large test-prep company teaching classes for high school students. I am paid as an hourly employee.

I took an assignment to proctor an exam for four hours at $10/hr. After accepting the job, I was told I needed to stop by the office to pick up materials, and then stop by the office again afterwards, at a particular time, to drop them off. Now, instead of a four-hour job and a half-hour travel each way, I have to make three trips, for a total of four hours of transit time for four hours work and $40 total. Essentially, the office is demanding that I perform unpaid courier service.

I showed up for work on time and performed the job I was being paid for. However, because I had an unrelated job to do afterwards, I did not drop the materials off at the office until several hours after the office expected to receive them. On the basis of this, all my future proctoring jobs with the company were cancelled.

I am aware that employees are not compensated for commuting; however, I also don't believe you can send them to do unpaid pickup and delivery work. While I still work for the company in other capacities, I lost future work assignments based on my refusal to perform unpaid work on the employer's schedule.

Additionally, the company regularly demands that teachers perform unpaid labor in preparation for classes. They even say this in writing -- they regularly distribute "manuals" that are supposed to be used to update our teaching materials, with a written warning that the manual is not to be taken into the classroom, but that we should instead use the manual to transfer the information to the teaching materials. Isn't that a demand that an hourly employee perform unpaid labor off the clock? Isn't that illegal?

This is a large public company and there are many teachers in my situation.

Thank you for your assistance.

1 answer  |  asked Aug 16, 2005 6:59 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
When are you on the Clock?

The situation you describe is basically covered by the Fair Labor Standards Act and the New York State Labor Law. There are all kinds of exceptions and other wrinkles in these laws, so that generalized answers are difficult without reviewing the case in detail.

However, both laws are generous to employees when it comes to remedies.

Your situation does not involve overtime, so that, if you were to do something about the situation, it would probably have to be under the Labor Law. Under the Labor Law you are entitled to compensation for the hours you worked but were not paid for, plus a 25% premium (liquidated damages) above that amount, plus attorney's fees.

One part of your situation I can provide a generalized answer:

It is not uncommon for an employer to require an employee to appear at a central location ("the office") before going to a remote location. It is also not unusual for the employer to require the employee to return to the office before going home. At least under the FLSA, in situations like this, employees are entitled to compensation for the time spent traveling from the office to the remote location, and from the remote location to the office. You are also entitled to compensation for the time spent at the office.

In situations like this, your commute is not from home to the remote location, but from home to the office. You are right in saying that you are not entitled to compensation for the time spent commuting.

Here, I am using the term "commuting" to mean travel time between home and work location. In the situation you describe, "work location" includes not just the test site but also the office, the the travel time between office and test site being work time.

If you want to go further on the situation you present, I be glad to meet with you.

posted by David M. Lira  |  Aug 17, 2005 09:07 AM [EST]

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