This was a dispute out of Nevada . . .
Some nonexempt employees decided to sue their employer for not paying them in violation of the Fair Labor Standards Act. The employees claimed that they should have been paid after they had clocked out, because they had to remain on the premises, sometimes up to an extra twenty-five minutes, to pass through a security check. The employees also claimed that they should have been paid during their 30-minute lunch break, because it took ten minutes to walk from the workplace to the lunchroom, and ten minutes to walk back, giving them only ten minutes to eat.
The appellate court threw out the employees’ second claim because it found that the employer was completely relieving them of all duties during the 30-minute lunch break. It was the employees’ choice to walk to the lunchroom, instead of bringing their lunches and eating somewhere closer.
But, the court left unanswered the question of whether the employer had to pay the employees post-shift time spent waiting to pass through a security check. The court noted that the length of time the employees had to wait was a determining factor in whether they should be paid. The longer the wait, the more likely the employer would have to pay the employees.
Although this decision is not precedent for Texas employers, it is a good reminder to be wary about keeping nonexempt employees around after they have clocked out.