Worker not paid overtime for sleep time: FLSA violations: Settlement

Law Reporter, Dec 2001

EMPLOYMENT LAW

Doe v. Roe Co., U.S. Dist. Ct., N.C., confidential court and docket no., July 5, 2001.

Doe was a night manager at a residential adult care facility owned by Roe Company. Doe spent the night at the facility four nights per week. Generally, she worked seven hours in the afternoon and evening, slept on the premises, and then worked three hours the next morning.

Doe sued Roe Company and its affiliates, alleging violation of the Fair Labor Standards Act, 29 U.S.C. (sec) 201 etseq. Thirty-nine other Roe employees opted into the lawsuit as plaintiffs. The FLSA provides that nonexempt employees who work more than a 40-hour workweek are entitled to compensation for all hours worked in excess of 40 hours at the overtime rate of one and one-half times their regular rate of pay. Under 29 C.F.R. (sec) 785.21 of the FLSA, an employee who is required to be on duty for less than 24 hours is working even if the employee is permitted to sleep. Doe claimed that because she had already worked 40 hours per week, her sleep time should have been compensated at overtime rates.

Defendants countered that Doe was exempt from the FLSA as an employee residing on the premises because she worked a 120-hour tour of duty over her five-day work schedule and was "on call" when off duty during the day.

Following mediation, the parties settled for a confidential amount.

Plaintiffs' Counsel

* Jonathan Wall, * David M. Clark, * John F. Bloss, and Robert G. McIver, all of Greensboro, N.C.