Pforr v. Food Lion, Inc.
DISCLAIMER: Our firm's past results do not predict or guarantee future success. Each case is unique. Read more
In order to be found liable under the FLSA, employers must be aware that their employees performed off-the-clock work and that a few scattered examples of off-the-clock work would be insufficient to establish liability for unpaid overtime.
What Happened in Court
Two clerks sued their employer, Food Lion, for unpaid overtime wages for work performed off-the-clock. After prevailing at District Court, the employees lost on appeal because they could not show that Food Lion “permitted” or “suffered” them to work off-the-clock hours. Specifically, once Food Lion learned that the employees were working off-the-clock, it instructed them to stop. As such, the employees could not show a “pattern or practice that [Food Lion] suffered or allowed the off-the-clock work claimed.”