Former employees of Omnicare Inc., a provider of long-term pharmaceutical care for seniors, are suing the company as they claim they were unlawfully underpaid during their employment.
The federal lawsuit, filed Jan. 26 in the U.S. District Court for the Middle District of Florida, is seeking relief as protected by the Fair Labor Standards Act for hundreds of triage specialists, pharmacy technicians and other nonexempt employees who report being required to work off-the-clock during meal breaks or after work shifts.
"All too often, employers require employees to clock out and continue to work, either during their meal breaks or after their scheduled shift," says attorney Gregg Shavitz, who is representing one of the plaintiffs and is with the Shavitz Law Group. "Employers then pay workers in accordance with what the timekeeping records reflect – even though the time records do not accurately reflect all of the hours worked. Employees should not be discouraged from asserting their rights in such cases."
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According to the Shavitz Law Group, the employees all will substantiate that the time records do not match the off-the-clock work completed during meal breaks or after shifts. There is also evidence, such as computer and telephone records as well as camera recordings, that corroborates the employees' claims.
As the Supreme Court has confirmed, FLSA was designed to ensure that workers receive a "fair day's pay for a fair day's work," which has been upheld by the Supreme Court.
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