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Workers at hair salons, supermarkets, restaurants, discount stores, call centers, car washes and other businesses who have murmured only to one another about off-the-clock work are now speaking up and documenting the illegal practice. In interviews and in affidavits supporting employee lawsuits, Ms. LeBlue and more than 50 workers from a dozen companies said they were required to do such unpaid work despite federal and state laws that prohibit it and despite recent lawsuits against Wal-Mart and other companies that have highlighted the problem.
"It is prevalent," said Alfred Robinson, director of the wage and hour division of the Labor Department. "It is one of the more common violations of the Fair Labor Standards Act."
Though there have been no formal studies of the practice or of its overall cost to employees, the workers interviewed said off-the-clock work took place at a variety of companies: A&P, J. P. Morgan Chase, Pep Boys, Ryan's Family Steakhouses, TGF Precision HairCutters and Ms. LeBlue's company, SmartStyle, which is part of the Regis Corporation, the nation's largest chain of hairstylists. SmartStyle and many of the other companies say they bar off-the-clock work, and they are fighting the lawsuits.
Over the last year, the Labor Department has brought enforcement actions against several companies that required off-the-clock work, seeking back pay and demanding compliance. The agency has grown more aggressive after plaintiffs' lawyers filed scores of off-the-clock lawsuits, some resulting in multimillion-dollar settlements with prominent companies, including Radio Shack and Starbucks