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Pre- and postshift work ignites fire for sprinkler company

April 2021 employment law letter
Authors: 
Maggie Spell, Jones Walker LLP

When employees work on client jobsites or at remote locations, it may be tempting to pay them based on their scheduled hours instead of tracking their specific hours worked. But if they perform work before or after their scheduled shifts, which includes tasks such as loading and unloading tools, then they need to be paid for the time. A recent decision by the U.S. 5th Circuit Court of Appeals (which covers Louisiana employers) serves as a good reminder of why it’s important to be clear employees must accurately record their hours worked so you can pay them accordingly.

Laying on the wood

Employees in the construction department of Five Star Automatic Fire Protection, LLC, a fire-sprinkler installation and service company, work in two-man crews with one foreman (sprinkler fitter) and one helper (laborer). The crews typically work at client jobsites. Some are close to the company’s shop where pipe is cut and welded, others are up to an hour away, and several are out of state, requiring crews to stay out of town during the workweek. Occasionally, the crews also work in the shop or at the owner’s ranch.

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