ARTICLE
27 November 2012

Sixth Circuit Rejects Overtime Claim By Employee Who Did Not Report Work Performed During Unpaid Meal Breaks

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Littler Mendelson

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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 States Employment 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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