Takeaway: The evidence suggested that employees more often lost time than gained time under the employer's policy, the appeals court noted in reversing summary judgment for the employer. On remand, the parties might dispute whether employees worked all time on the clock, and the employer might argue that the time rounded was de minimis.
The 8th U.S. Circuit Court of Appeals reversed a trial court's grant of summary judgment for an employer as to whether the Fair Labor Standards Act (FLSA) was violated. The timekeeping policy of the employer, a hospital system in Missouri, was to round off time at the beginning and end of shifts that was within six minutes of a shift's scheduled start or end.
A former employee of St. Luke's Health System sued on behalf of herself and other employees, claiming that St. Luke's violated the FLSA overtime provisions by failing to fully compensate employees for work performed. She also brought an unjust enrichment claim under state law and asserted individual claims under Missouri's minimum-wage law and for breach of contract. The court certified two classes: 1) an FLSA collective consisting of employees who worked for St. Luke's from September 2016 to September 2018, and 2) an unjust enrichment class consisting of all people employed by St. Luke's in Missouri between April 2012 and September 2018.
After discovery, St. Luke's moved for summary judgment. It stipulated, for purposes of its motion, that all employee time on the clock was...
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