Off-the-Clock Work Research
Overview
Off-the-clock work is a common allegation in wage and hour lawsuits. In these cases, individuals typically alleged that they performed work they were not paid for performing.
The wage and hour violation allegations in these cases typically involve before, during, or after shift work that was performed, but was not compensated. The alleged work activities include activities such as logging onto computer systems, donning and doffing uniforms, and preparing for work.
Our statistical and economic research provides a number of insights in these types of cases.
Off-the-Clock Work
Off-the-clock wage and hour cases typically involve allegations of before, during, or after shift work that was performed, but was not compensated.
We use time punch, payroll statements, employee time logs, and court records to study the likely frequency of alleged off-the-clock work activity. Our reports have been used to provide insights on issues including typicality, commonality and numerosity in class and collective actions.
When punch records exist, we typically correlate time punches, employee time logs (such as building badge swipes), and court documents to assess the likely frequency of alleged off-the-clock work activity.
In instances where punch records do not exist, we typically use employee time logs and court records such as declarations and deposition testimony.
Time Logs
Employee time log information, such as gate and building entry time stamps, can be used to analyze off-the-clock work violation allegations.
Time stamped employee log information can be used to create a time log that shows what activity the employee was performing, or likely performing, at different points throughout the employee’s work day.
When combined with the employee’s time punch records, it may be possible to determine the likelihood of the occurrence of off-the-clock work activity. Representative employee time log samples are commonly used to study off-the-clock work allegations.
Statistical Sampling
In many instances, the employee time punch records do not provide adequate information concerning the employee’s work day and the alleged off-the-clock work activity. In these instances, it is often beneficial to use a representative sample of employees to analyze the off-the-clock allegations.
Representative sampling can be used to draw a group of employees whose experiences can be extrapolated to the universe of employees in the class or collective action.
Declarations, affidavits, or survey evidence can be obtained from the individuals regarding the allegations of off-the-clock work.
Our staff is experienced and proficient at performing statistically representative sampling. We provide calculations and tabulations that are insightful and well documented.
Labor Code
In some states, such as California and Washington, there are typically penalties for noncompliance with their labor codes.
The labor code may provide a penalty for each occurrence of the violation as well as penalties for the failure to maintain sufficient records. The penalty calculations may also require interest calculations to be performed.
We work with attorneys to calculate the appropriate penalties and interest in the lawsuit or investigation. Our staff is proficient at providing calculations and tabulations that are insightful and well documented.
Time-and-Motion
In some wage and hour lawsuits, industrial engineers, referred to as ‘time and motion experts’, are used to calculate the amount of off-the-clock work performed by employees.
The use of time and motion experts is particularly common in uniform and work equipment donning and doffing cases.
In these types of wage and hour cases we work with time and motion experts on issues involving statistical sampling and economic damages calculations.
Read:
Case examples:
- Otsuka et al. v. Polo Ralph Lauren, California State Court
- Cruz et al. v. Unilock Chicago Illinois State Court
- Alexander, et al. v. IKON California State Court
- Cortex et. al. v. Nebraska Beef, Nebraska Federal Court
- Stout, et al. v. UEI, Texas Federal Court
- Tien et al. v. Ma Labs, California Federal Court
- Ramirez et al. v. Riverbay, New York Federal Court
- Vogt et al. v. Texas Instruments, Texas Federal Court
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