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Flsa
I hate to side with employers on a FLSA action as 99% of the time they are in the wrong.
The Fair Labor Standards Act is the law for the 40 hour work week and overtime will be paid for any work over 40 hours. It also states employees will not work off the clock for employers. Usually it's the employer who demands employes clock out and keep working. Walmart is a huge violator of this. They've just paid off the right people.
Good intentions aside, when clocked out she should have gone to the lunchroom. By her working at her desk and eating off the clock, she could have sued her employer for making her work off the clock. Granted there might be no computer in the lunchroom, so she could update her Facebook at lunch, but sorry. The employer is also at fault for not having someone to replace her during lunch.
From the read, it sounds like a large, professional law firm. they should of had a lunch replacement. They should of had a place she could eat & possibly surf the web. it's what I would expect from a large firm. From a 1 or 2 man law firm, I'm used to the secretary/receptionist eating at her desk in plain view.
Many of the junior lawyers eat at their desks, but under FSLA, they are exempt. probably a small staff like her who have to clock in/out. Senior partners have no clue of these people.
Would you go to a multi-million dollar law firm like on The Good Wife and seeing a receptionist looking like some small town lawyer?
Hell, here in Kansas City, a lot of major corporations hire receptionists from foreign countries just for their accents so they sound more "International."
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