Nashville workers settle FLSA complaint against employer

May 28th, 2009 by Kurt Niland

carwash 100x100A Nashville car wash company has reached a settlement with three employees who claim they weren’t paid for several hours of work. The minimum-wage employees sued Shur-Brite Hi Speed Car Wash, alleging the company’s owners clocked them in and out throughout the day, depending on how busy their work shifts were. The agreed settlement for $130,000 will be distributed among 120 employees, who, like the plaintiffs, weren’t being paid for hours spent on the job.

According to the Department of Labor’s Wage and Hour Division, compensable hours include all the time that an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace. According to the , the car wash company’s owners would clock out employees when the amount of business dropped, then clock employees back in when business picked up. The employees, however, were required to stay at work while they were off the clock.

The Wage and Hour Division says that problems adhering to Fair Labor Standards typically arise when employers “fail to recognize and count certain hours worked as compensable hours.”

In a report by the Tennessean, Megan Macareg, director of Middle Tennessee branch of Jobs with Justice, a national organization that defends workers against unfair employment practices, said the car wash employees “didn’t have anywhere to sit or eat.”

“To a large extent, the company has cleaned up its act, but the stealing of wages is a massive problem,” Macareg said.

Wage theft activist and author Kim Bobo traveled to Nashville to attend a rally celebrating the settlement. Bobo is the executive director of Interfaith Worker Justice, a Chicago-based organization that appeals to the shared convictions of all religions in protecting the rights of waged workers.

Bobo, who believes that wage theft has become an epidemic in the U.S., blames corporate greed, the tough economy, and lack of government involvement. “Over the last decade, we have seen an abdication of the role of the government enforcing labor laws,” she said.

  • A Spires
    I gave a 2 week notice at former employer but when I went to get my last paycheck on june 5th I was told I couldn't recieve it until I sighned paper work they couldn't find is this legal?
  • Hello,

    Thank you for taking the time to post your comment to our blog site. I
    would be happy to get someone to contact you to answer your question.
    Please let me know if there's a good phone number to reach you during
    the day, and your full name. You can email the information to me at
    wendi.lewis@beasleyallen.com if you prefer not to post it here in this
    public forum.

    We appreciate your taking the time to comment on this site.

    Sincerely,

    Wendi L. Lewis
    Communications Director
blog comments powered by Disqus

Comments are moderated and generally will be posted if they are on-topic and not abusive.