Lawsuits Look to Recover Unpaid Wages for Time Spent in COVID-19 Screenings

If you’re being required to submit to a COVID-19 health screening before starting work and you’re not being paid for your time, attorneys want to hear from you.

They believe these screenings are considered compensable work time and must be paid – and that any employer who fails to count this time toward a worker’s total hours is breaking the law..

COVID Work Screening Policies: Are They Legal?

While employers have the right to enact health screenings to ensure the safety of their staff, it’s important to keep in mind that all time spent on premises at the employer’s request and all time spent waiting for work generally must be paid.

In 1998, the Department of Labor (DOL) issued an opinion letter stating that the time an employee spends undergoing a physical examination is considered compensable work time when the worker is subject to the employer’s discretion and control and is not free to move around.

The DOL notes that it is “immaterial” whether the examination is performed during normal work hours and that because the screening is an essential requirement of the job and done primarily for the employer’s benefit, it should count as hours worked.

Attorneys believe that this opinion can be applied to COVID-19 workplace screenings during which employees must submit to temperature scans; put on masks and gloves; and answer questions related to their health, recent travel and possible COVID exposure before entering the building or clocking in.  

How Could a Class Action Lawsuit Help?

A class action lawsuit could help employees who are forced to undergo COVID-19 health screenings recover the wages they should have been paid – but weren’t – due to their employer’s illegal policies.

It is believed workers are spending up to 15 minutes or more per day waiting for and participating in COVID-19 health screenings. Some workers are even being required to show up for work early to ensure they can pass through, in some cases, two screenings in time for the start of their shifts. Because these screenings occur on a daily basis, it’s possible workers may be missing out on a considerable amount of earned but unpaid wages, including overtime pay.

A successful case could also force an employer to change their policies to ensure COVID-related health screenings are paid for all current and future employees.

Which Employment Industries Are Affected?

Can I Be Fired for Speaking Up?

Federal law strictly prohibits employers from firing or otherwise retaliating against employees simply because they’ve taken legal action or spoken up about possibly illegal employment practices.

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