California Employees Seeking Pay for Time Spent Taking Temperatures
By: Aaron Chaet
On March 15, 2021, California employees of The Merchant of Tennis, Inc. (the “Employer”) filed a class action lawsuit for various wage claims including failure to compensate non-exempt employees for undergoing COVID-19 temperature checks at the beginning of each work day.FN1 The plaintiffs allege that the Employer violated various California wage laws which require employees to be paid minimum wage for all hours worked, including, but not limited to, all hours they were subject to the Employer’s control and/or were suffered or permitted to work.FN2 This likely includes time that the plaintiffs spent checking their temperatures before each shift.
For the violations, the plaintiffs are seeking the unpaid balance of the unpaid wages as well as liquidated damages in an amount equal to the wages due and interest thereon. The plaintiffs are also seeking attorneys’ fees and various other penalties.
TAKEAWAY
Employers, particularly those located in California, should be aware of the potential liability for failing to pay employees for all time spent on behalf of the company. Please contact the attorneys at Campbell Litigation if you have any questions regarding wage laws.
FN1 - Solis, et al v. The Merchant of Tennis, Inc., Case No. 5:21-CV-00459, (C.D. Cal.).
FN2 – Cal. Labor Code § 1197