The United States Department of Labor's Wage and Hour Division recently investigated Alcon Laboratories in Houston, Texas, as reported by The Pasadena Citizen. It found that due to timekeeping mistakes, the employer was not properly paying its employees for their full time & attendance on the job. As a result of these findings, eye care products pharmaceutical manufacturer Alcon has agreed to pay 342 workers a total of $199,443 in back wages.
Specifically, the issue stemmed from the company's timetracking policies regarding safety gear. Production technicians, material handlers and assemblers were expected to punch into the company's timeclock after they had put on and sanitized protective personal equipment that was required for work. They were also expected to punch out after a shift before taking the gear off or cleaning up before going home.
While the FLSA does not include specific provisions requiring employers to pay workers for time spent putting on and taking off uniforms, the DOL sometimes considers donning and doffing safety equipment a job duty. If the gear is required to perform work, the time it takes to do so may be considered compensable. This is the same when employees are expected to clean machines before and after completing daily tasks.
In addition to the back pay, Alcon has agreed to adhered to recordkeeping measure in the future and institute a timekeeping policy that tracks employees' work totals more accurately.
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