News & Analysis as of

Timekeeping Corporate Counsel

BakerHostetler

California Supreme Court Holds that Employees Must Be Paid for Time Driving Through and To Security Checkpoints

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California employers who require employees to pass through a security checkpoint or swipe a security badge before exiting their worksites but after clocking out could potentially face significant liability for violating...more

Fox Rothschild LLP

FLSA Class Action Settlement Illustrates Strictness Of Regulations On Training Time

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The FLSA regulations on training time are very specific and, often, hard for an employer to comply with. There are four conditions precedent for such time to be non-compensable and they must all be satisfied or else the time...more

Seyfarth Shaw LLP

Second Circuit Addresses Off-The-Clock Work

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In Perry et al. v. City of New York, the Second Circuit upheld a large jury verdict in favor of a collective of workers regarding off-the-clock work. In doing so, the Court reaffirmed the principle that employers will...more

Stoel Rives - World of Employment

Oregon Supreme Court Rules That Oregon Law Follows Federal Definition of “Work Time.”

In a recent decision titled Buero v. Amazon.com Services, Inc.­­, 370 Or. 502 (2022),  the Oregon Supreme Court ruled that Oregon’s wage and hour law uses the same definition of “work time” as the federal Fair Labor Standards...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

1 More Hour of Sleep but 4 More Wage and Hour Problems as Daylight Saving Time Ends

​​​​​​​On Sunday, November 6, 2022, at 2:00 a.m., daylight saving time will end. This World War I–era practice of turning back the clock one hour in the fall became a federal law in the United States when President Lyndon...more

Seyfarth Shaw LLP

Illinois Supreme Court Holds Workers’ Compensation Act Does Not Bar BIPA Claims

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Seyfarth Synopsis: The Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, et al., 2022 IL 126511 (Feb. 3, 2022), holding that claims for statutory damages against an...more

CDF Labor Law LLP

[Webinar] The “Golden State” of PAGA: Status and Trends of CA Wage and Hour Litigation - August 26th, 10:00 am PT

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Developments during the COVID-19 pandemic have left a dark cloud of uncertainty for employers in the Golden State, and have led to many new claims under the Private Attorneys General Act (PAGA). This webinar will cover how...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court in New York Dismisses COVID-19 Workplace Safety Case

On November 1, 2020, the United States District Court for the Eastern District of New York in Palmer et al. v. Amazon.com Inc. et al., No. 20-cv-2468, 2020 WL 6388599, dismissed a lawsuit against Amazon alleging failures to...more

BakerHostetler

DOL Issues Guidance on Employers’ Obligation to Pay Nonexempt Employees for Time Worked Remotely

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Employers and employees alike have had much confusion around proper compensation when nonexempt employees work remotely – particularly in today’s time when many employees are teleworking and working crazy schedules due to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Department of Labor Issues New Guidance on Remote Work

The COVID-19 pandemic has led to a transformation of the workplace and an explosion of remote work, including for employees previously not covered under employers’ telecommuting policies. Despite the reopening of most state...more

Payne & Fears

9 FAQs About De Minimis Doctrine After Troester v. Starbucks

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In Troester v. Starbucks Corporation, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. As a follow-up to our recent...more

Fisher Phillips

Japan Enacts New Overtime Rules To Prevent Death From Overwork

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In response to increasing media reports of “karoshi” (employee death due to overwork), Japan has made some major changes to its Labor Standards Act of 1947. Under a recent amendment to the Act, which goes into effect for...more

Jackson Lewis P.C.

California Court Provides Additional Guidance on Timekeeping Rounding, Grace Period Claims

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Under California law, employers’ policies may permit rounding of employee timecard entries to the nearest tenth of an hour (six minutes), the Fourth Appellate District of the California Court of Appeal has affirmed. Silva v....more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Affirms Use of FLSA "Rounding" Rule for Recording Time Worked

For more than a half-century, Department of Labor regulations issued under the Fair Labor Standards Act have allowed employers to adopt an administrative rounding policy to prevent situations where the employer would be...more

Davis Wright Tremaine LLP

“Round” At Your Own Risk – Timekeeping “Rounding” Requirements Clarified

The Ninth Circuit in Corbin v. Time Warner Cable held that state of California and federal regulations allowing employers to “round” employees’ clock-in and -out times to the nearest quarter hour do not require all employees...more

Clark Hill PLC

Ninth Circuit Affirms Use of Time Card Rounding

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In Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership, the U.S. Ninth Circuit Court of Appeals confirmed that - despite the technology available in today's workplace - employers can still use rounding to track...more

Fisher Phillips

Nurse's Unpaid Overtime Claim Teaches Lessons

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A recent case filed by an Illinois nurse who claims that she is owed unpaid overtime by her former employer illustrates the importance of proper timekeeping procedures and accurate records. The court’s decision in Roberts v....more

Akerman LLP - HR Defense

Employers Cannot Rely on Timekeeping Policies as a Defense to FLSA Claims

An employee's violation of timekeeping policies is not a defense to a Fair Labor Standards Act claim, if the employer knows or has reason to know that an employee underreported his hours, according to a recent decision by the...more

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