ROBERT A. LEVERETTE, RICKY WHITEHEAD, and JOHN ALLEN CLARK, both individually and on behalf of all other similarly situated persons, Plaintiffs, v. LABOR WORKS INTERNATIONAL, LLC, LABOR WORKS INTERNATIONAL d/b/a LABOR WORKS SOURCE-RALEIGH, LLC, LABOR WORKS SOURCE- GREENSBORO, LLC, LABOR WORKS SOURCE-DURHAM, LLC, and BATTS TEMPORARY SERVICES, INC., LABOR WORKS SOURCE-RALEIGH, LLC, LABOR WORKS SOURCE-DURHAM, LLC, LABOR WORKS SOURCE-GREENSBORO, LLC, BATTS TEMPORARY SERVICES, INC. d/b/a LABOR WORKS or LABOR WORLD, BILL C. SCHLEUNING, and SEAN FORE, Defendants., 180 N.C. App. 102

Summary

The trial court properly interpreted the term "hours worked" to exclude plaintiffs' waiting time where plaintiffs received assignments only if work was available, they were not required to ride the company van to the jobsite, and plaintiffs were able to use the wait time for their own personal activities. Moreover, plaintiffs were not required to don or doff specialized protective gear and clothing; rather, safety equipment was made available to them for certain job sites, which could be rented on an as needed basis. The wage deductions were permissible under N.C. Gen. Stat. § 95-25.8 where the authorization forms were in writing, signed prior to the deductions, dated, and stated the reason for and amounts of the deductions. Deductions were not taken if plaintiffs did not use defendants' transportation and an increase in equipment rental fees was clearly posted. The time waiting for and taking a breathalyzer test was not compensable as the test was a pre-condition to employment. ...