Floor and Décor Engaged in ‘Time Shaving’ To Avoid Paying Overtime, Lawsuit Claims

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A proposed collective action claims Floor and Decor Outlets of America, Inc. (F&D) failed to pay hourly employees time-and-a-half wages for all hours worked in excess of 40 per week in violation of the Fair Labor Standards Act.

According to the complaint, F&D used a computer program called “Kronos” to track workers’ hours and engaged in a practice known as “time shaving” whereby it intentionally deleted time worked from employees’ records. The case claims that this practice was instituted in order to avoid paying overtime and was in place at F&D locations nationwide.

With regard to the lead plaintiff, the complaint claims the man discovered around March 2018 that F&D was shaving his hours. When the plaintiff complained about his missing work time, his supervisor offered little by the way of explanation but gave him a “rapid! PayCard” with additional wages on it, according to the lawsuit. The plaintiff allegedly complained twice more about the issue and eventually appealed to F&D’s regional operations manager, who claimed she could not compensate him because she could not determine the source of the time shaving.

The case contends that the plaintiff and others similarly situated were routinely forced to work six shifts of nine hours per week, 54 hours total, and performed duties typical of non-exempt employees, such as cleaning and loading products from the warehouse. According to the lawsuit, the plaintiff and putative class members were therefore entitled to overtime pay under the Fair Labor Standards Act for hours worked over 40 per workweek.

The suit seeks to represent a class comprising all current and former hourly F&D workers who worked more than 40 hours in a workweek between December 10, 2016 and the present and whose time worked was recorded using the Kronos timekeeping system. The suit requests that class members be awarded damages in the amount of their unpaid overtime, plus an equal amount in liquidated damages.