The U.S. Court of Appeals for the Fifth Circuit’s recent decision in Stuntz v. Lion Elastomers, LLC, Case No. 19-40336 (Sept. 23, 2020), offers some reassurance to employers that wage and hour issues can be properly (and finally) resolved in grievance settlements.
The employer in Stuntz permitted its production employees to clock in as early as 30 minutes before the scheduled start of the shift, which the employer referred to as the “early relief period.” While not mandatory, employees were permitted to use the early relief period to shower, put on safety equipment, discuss plant operations and receive instructions from supervisors. Given its voluntary nature, the employer did not consider this time to be compensable. Continue Reading