Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Wage Lawsuits Begin to Arise Over COVID-19 Screening Time

By Doug Schnee on March 25, 2021
Email this postTweet this postLike this postShare this post on LinkedIn

At the beginning of the pandemic, many employers began to require employees to be screened for COVID-19 symptoms prior to starting work. Common screenings include daily temperature checks and symptom questionnaires, as well as questions about recent travel or recent exposure to COVID-19. Predictably, lawsuits have started to surface by employees alleging state and federal wage violations due to non-payment of wages for time spent undergoing mandatory employer screenings. For example, in federal court in California, a class action lawsuit was filed in March, 2021 against a sporting goods retailer. In the lawsuit, employees claim the employer failed to pay them for mandatory screenings, which the employees say they were required to complete off the clock. A similar class action lawsuit was also filed recently in another California federal court against a national retail chain. In that case, non-exempt employees claim they are not paid for pre-shift time associated with temperature checks and COVID-19 related questions.

Generally speaking, the legal standard is whether the employees’ pre-shift activities are necessary to the work performed and done for the benefit of the employer. It is likely that similar lawsuits will be filed in the future. Employers should have policies and procedures in place to allow employees to clock in for any required pre-shift activities which take enough time to be considered more than “de minimis” under legal standards. Employers should also have a process in place to allow an employee (or a manager) to manually add time to their shift when necessary.

Photo of Doug Schnee Doug Schnee

Doug focuses his practice on employment litigation and counseling on human resource issues. His employment litigation experience includes representing employers before state and federal courts and administrative agencies in Ohio and throughout the region in wrongful termination, retaliation and discrimination matters arising under…

Doug focuses his practice on employment litigation and counseling on human resource issues. His employment litigation experience includes representing employers before state and federal courts and administrative agencies in Ohio and throughout the region in wrongful termination, retaliation and discrimination matters arising under the Ohio Civil Rights Act, the Americans with Disabilities Act (ADA), Title VII, the Age Discrimination in Employment Act, the Fair Labor Standards Act, and the Family and Medical Leave Act. Doug is also experienced in litigating matters involving employment and non-compete agreements. Doug also served as a judicial law clerk to Judge Stephen R. Shaw in the Court of Appeals of Ohio, Third Appellate District.

Read more about Doug SchneeEmailDoug's Linkedin Profile
Show more Show less
  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Employment Law Navigator
  • Organization:
    Frantz Ward LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo