Give me a break. Working during breaks can result in overtime.
In Chao v. Self Pride, Inc. RDB No. 03-3409 (June 14, 2005) Judge Bennett granted partial summary judgment in favor of Community Living Assistants (CLAs) -- represented by the Department of Labor -- against their employer, Self Pride. Self Pride operated community living facilities in Baltimore, Maryland.
The CLAs sued for the overtime they earned when they worked a 48 hour weekend shift. Self Pride's defense was that CLAs did not work more than 40 hours in a week because it gave the CLAs two four hour breaks. But the CLAs produced undisputed evidence that there were no breaks because the residents required constant care. Further, the CLAs showed that Self Pride deducted the breaks from the employees' time regardless of whether the employees actually took the breaks.
The Court ruled that Self Pride violated the Fair Labor Standards Act by failing to keep appropriate time records; and was was liable for liquidated damages. Judge Bennett also ruled that FLSA permitted individual liability for the CLAs' supervisor and that such liability was warranted in this case.
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