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Kevin Burke Law Blog

Wage Claims and Remote Employees

In 2019, Wal-Mart was ordered to pay $6 million to a class of plaintiffs after a lawsuit (Hamilton et al. v. Wal-Mart) alleged the retail giant engaged in unlawful tactics to discourage employees from leaving the building during their state-mandated break and meal periods.   

Though that case is currently being appealed, it sheds light on an area of labor and employment law where it can be common for an employer to be unknowingly in violation.

Properly compensating employees for the time they work, and ensuring they are provided with all mandated break and meal periods might sound obvious. But consider this scenario: you operate a restaurant and your kitchen staff regularly eat their meals while working in the kitchen. You fed them, and they may have had the option to sit down for their break, but if the nature of your operation encourages that model of eat when you can, you could find yourself in trouble.

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