Saturday, April 3, 2021

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal

Paycheck With Overtime by Pennsylvania Lawyers
New Legal Challenges on the Horizon 
Due to Work from Home Environments

Employee Files Suit Claiming He Was Forced to Skip Lunch and Work Overtime While Working From Home, and was not Reimbursed for Expenses Such as Home Internet(!)

The below is from: Adding Insult to Injury: Employers Facing COVID-19-Related Lawsuits Commonly Face Tacked-On Wage and Hour Claims | Fisher Phillips

In Aguayo v. Shield N Seal, Anthony Aguayo started his employment with a small Nevada City manufacturing company in February 2020. He claims that in the very early days of the pandemic, he was exposed to employees who were not wearing a mask and was made fun of for wearing a mask at work. On March 17, 2020 – the day of the first stay-at-home order in California – Aguayo concedes that his employer told him and his fellow employees that they could work from home if they chose to do so. He proceeded to work from home from March 18 to September 21, although he came into the office on occasions to retrieve items.

 

Aguayo then contends that he was directed to return to the office starting September 22. He alleges he protested doing so because he was concerned about returning to the office due to his asthma combined with concerns about office safety. He claims to have seen team members without masks and contends the company didn’t ensure workplace items were disinfected on those occasions he went into the office to retrieve them. Aguayo states he was terminated the same day he complained.

 

While you might think this is the end of the story, Aguayo then alleges that, during his seven-month employment – during which time he admittedly worked from home for six of those months – he had his meal and rest breaks interrupted, was forced to complete extra work off the clock, and was not reimbursed for business expenses. (Note: failure to reimburse for business expenses during the pandemic is an unfortunately common mistake made by employers in California and elsewhere).

Specifically, Aguayo says he “constantly” received calls from the company during which time he would inform the caller he was on his meal or rest break but would be directed to complete various tasks anyway. He also claims that he would be called right before his shift was scheduled to end with additional tasks that had to be completed and was not compensated for the overtime he was forced to work. Finally, he says he had to purchase work supplies and was not reimbursed for them or for his cell phone or home internet which were used while he was working from home.

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The issues raised in Aguayo raise issues beyond potential legal liability.  Recently, we discussed that one of the major challenges faced by companies is how to balance the needs of the company while at the same time recognizing employees' needs for a work/life balance.  These are exceptionally complex issues, and will require a great deal of innovative thought and maximum effort by employers in the coming months, and years. 

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