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
In its recent opinion in Huerta v. CSI Electrical Contractors, the California Supreme Court addressed three inquiries posed by the 9th Circuit. These inquiries specifically relate to the definition of “hours worked” within...more
In Huerta v. CSI Electrical Contractors, No. S275431 (March 25, 2024), the California Supreme Court issued an important decision relating to whether California employers must pay non-exempt employees for certain pre-shift...more
As you may know, I am a big student of working time cases and often blog about them. One of my favorite categories of such cases are the so-called “dog cases.” These are cases where workers (usually police officers) seek...more
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
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
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
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
“I am angry and I don’t know what to do with my anger!” This is a line from the movie, The Big Chill, one of my favorites. It also describes how I feel when I see yet another class action lawsuit in a health care facility...more
In separate developments, the UK government announced two potentially significant changes for employers. The Retained EU Law (Revocation and Reform) Bill could mean that at least some EU-derived employment law will expire on...more
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
The European Court of Justice recently held that EU member states must require employers to set up an “objective, reliable, and accessible system” to measure each worker’s daily working hours in order to satisfy the Working...more
Uber drivers in the UK are “workers” entitled to earn at least the national minimum wage and enjoy other statutory benefits and protections an Employment Appeals Tribunal (“EAT”) held on November 9, upholding the decision of...more