Mismanaged attendance software can lead to liability

Q&A with Brian Burget

published in The Oklahoman | December 28, 2012

McAfee & Taft trial lawyer Brian Burget was featured in a Q&A with The Oklahoman discussing the potential liability employers face when utilizing time and attendance software programs that automatically deduct employees’ time for meal and break periods. Employers have seen a dramatic increase in lawsuits by employees alleging wage and hour violations associated with the use of such software.

“The lawsuits filed against employers stem from the employers’ alleged failure to pay for meal breaks that were missed or interrupted because of work performed by employees during that time,” Burget said. “Employees are claiming that employers are using software programs that automatically deduct their time for meal and break periods and then fail to reconcile these deductions if and when work is performed during the specified period.”

Burget said employers should also be considered about more than just individual lawsuits regarding such wage and hour violations.

“Lawsuits against employers stemming from issues associated with time and attendance software programs often involve complaints that automatic deductions failed to recognize if and when work was performed by all employees. Therefore, under the Fair Labor Standards Act (FLSA), groups of employees can band together in a collective action lawsuit against their employer. Collective actions often result in expensive and lengthy litigation.”