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The U.S. Court of Appeals for the Sixth Circuit held that, if an employer establishes a reasonable process for an employee to report work performed during unpaid breaks, it is not liable for non-payment if an employee fails to report the work performed through the established process.
United StatesEmployment and HR
In White v. Baptist Memorial Health Care Corporation, 2012 U.S.
App. LEXIS 22752 (6th Cir. 2012), the U.S. Court of Appeals for the
Sixth Circuit held that, if an employer establishes a reasonable
process for an employee to report work performed during unpaid
breaks, it is not liable for non-payment if an employee fails to
report the work performed through the established process. This is
a welcome decision for employers, who increasingly are targeted
with claims that they "should have known" about
unreported off-the-clock work allegedly performed by employees
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