News & Analysis as of

Working Time Regulations Fair Labor Standards Act (FLSA)

Fox Rothschild LLP

How Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class Action

Fox Rothschild LLP on

It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a warning to employers, not only those who operate call...more

Fox Rothschild LLP

New USDOL Wage Guidance On Use of AI: The New World Of Wage Regulation!

Fox Rothschild LLP on

The world of Artificial Intelligence (AI) is upon us and charging fast, “invading” every aspect of human endeavor. Well, the world of wage hour regulation is no different and now the USDOL has reacted with guidance on the...more

Jackson Lewis P.C.

DOL Issues Guidance to Agency Staff on Employers’ Use of Artificial Intelligence in the Workplace

Jackson Lewis P.C. on

The U.S. Department of Labor’s Wage and Hour Division (WHD) has published a Field Assistance Bulletin (FAB) on the application of federal labor standards to employers’ use of artificial intelligence (AI) and other automated...more

Fox Rothschild LLP

Another Training Time Case Highlights The Issue Of “Compulsion.”

Fox Rothschild LLP on

Under the FLSA, for training time to not be counted as working hours, there are specific conditions that must be met. If all four of these conditions are not met, then the time is compensable. These factors are: 1) no work...more

Constangy, Brooks, Smith & Prophete, LLP

Bah! Humbug! An employment law Christmas Carol

With some help from Charles Dickens. Marlie was dead: to begin with. There is no doubt whatever about that. The register of her burial was signed by the clergyman, the clerk, the undertaker, and the chief mourner. Scrooge...more

Fox Rothschild LLP

Change Of Hours Has FLSA Implications For Overtime

Fox Rothschild LLP on

Now that the clocks have changed for the ending of Daylight Savings Time (DST) there may be overtime implications for employers, especially for those employees who work graveyard or overnight shifts. As clocks are set an...more

Sherman & Howard L.L.C.

Second Circuit Provides Important Reminder to Employers Regarding Overtime Risks

Employers who rely on their workers to identify and report overtime as a prerequisite for payment may be setting themselves up for significant liability. As the U.S. Court of Appeals for the Second Circuit recently reminded...more

Jackson Lewis P.C.

Third Circuit Offers Guidance on When Donning and Doffing Safety Gear Is Compensable

Jackson Lewis P.C. on

A federal district court applied the wrong legal test when it held on summary judgment that oil rig workers were not entitled to compensation under the Fair Labor Standards Act (FLSA) for the time they spent changing into and...more

Cozen O'Connor

Third Circuit Court Opines on Donning and Doffing Under FLSA

Cozen O'Connor on

In Tyger v. Precision Drilling Corp., the Third Circuit Court of Appeals clarified the circumstances under which donning and doffing activities by employees may be compensable under the Fair Labor Standards Act (FLSA). ...more

Fox Rothschild LLP

Will These Working Time Call Center Cases Ever Stop? I Bet Not!

Fox Rothschild LLP on

It seems every other week there is a call center case involving preliminary and postliminary working time. Now, it is a Wayfair call center. The customer service workers allege that the booting up of their computers and...more

Fox Rothschild LLP

Federal Preemption Defense In FLSA Lawsuit—Good Tactic!

Fox Rothschild LLP on

In any FLSA lawsuit involving unionized workers, the defense lawyer must always look for a preemption defense. That means that the lawsuit is not properly before a Judge because it involves union contract interpretation, the...more

Fox Rothschild LLP

Yet Another Automatic Lunch Deduction Case Shows Need For Fail Safe Policy!

Fox Rothschild LLP on

Another working time case where the allegation is workers being compelled to work through lunch. Seems that the health care industry is prone to this as I have blogged about on other occasions. A group of employees has been...more

Fox Rothschild LLP

The De Minimis Doctrine May Not Be As Moribund As I Have Thought: Call Center Case Makes This (Important) Point

Fox Rothschild LLP on

I read an interesting blog post by Seyfarth Shaw on a working time case in a call center. I have often blogged about working time cases, preliminary/postliminary cases, and have lamented that the de minimis doctrine, often...more

Fox Rothschild LLP

Remote Work Under The FLSA Is A Hot Issue, Drawing Technical Guidance From The USDOL

Fox Rothschild LLP on

Since the pandemic, companies across the nation have been dealing with the issue of remote work, from many perspectives, but amongst the most important, the wage-hour perspective of how to pay people properly. The USDOL...more

Fox Rothschild LLP

When Employees Voluntarily/Intentionally Cut Their Lunch Breaks Short, Are They Entitled to Compensation?

Fox Rothschild LLP on

I have handled many lunchtime cases, where an employee (or a class) claim that they were not accorded a full thirty-minute lunch and therefore that half-hour (and many others perhaps) is compensable time. There are many...more

Fox Rothschild LLP

Another Preliminary/Postliminary Case: What The Employer Need Be Aware Of!

Fox Rothschild LLP on

Working time cases, especially those claiming pay for preliminary or postliminary work are difficult and dangerous because they sneak up on an employer. These activities may seem minimal, or not connected to the main job as...more

Fox Rothschild LLP

Preliminary/Postliminary Class Action (Again): What Does “Integral” Mean To Make Pre-Shift Activities Compensable

Fox Rothschild LLP on

How many times have I written about working time cases, so called “off the clock” cases, where the claimed compensable time arises from preliminary or postliminary activities that are tied to (or not) the main job of the...more

Fox Rothschild LLP

FLSA Training Time Class Action Highlights The Nuances Of “Working Time” Issues

Fox Rothschild LLP on

To me, working time lawsuits are almost the most dangerous for an employer because they often will affect many employees, lending themselves (easily) to a purported class action. A recent case from Illinois again brings to...more

Fox Rothschild LLP

These Pre-Shift Working Time Cases Keep Popping Up–Employers Beware!

Fox Rothschild LLP on

Many employers believe that if an employee (or many employees) perform a tiny amount of work, or work-like activity, before their shifts, that brief off-the-clock, activity cannot be “working time” under the FLSA. This is the...more

Fox Rothschild LLP

Yet Another FLSA Call Center Working Time Class Action—Here We Go Again!

Fox Rothschild LLP on

I have written about call center cases, which involve allegedly unpaid working time, many times. Well, they continue to pop up. In a recent case, a class of workers claim that they were expected/required to handle customer...more

Fox Rothschild LLP

Biden DOL Withdrawal Of Trump DOL Opinion Letters Signals Major Pendulum Swing Towards Employees

Fox Rothschild LLP on

I have often said that the USDOL is a politically charged industry and its view on legal issues (much like the National Labor Relations Board) shifts with the Administration that is in power. For example, under the prior...more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide