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Employer Liability Issues Working Time Regulations Wage and Hour

McGlinchey Stafford

When Does After-Hours Work Turn into Compensable Work?

McGlinchey Stafford on

Your assistant sends you an email late in the evening (way after the 5:00 hour) and reminds you that you have an appointment in the morning. You respond: “Thanks for the reminder. Could you please make sure that I have...more

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

Will Employers Ever Learn? Boot-Up Cases in Customer Service Call Centers Are A Real Problem!

Fox Rothschild LLP on

One of the biggest threats facing employers is employees performing pre-shift/post-shift work without being paid and then suing, as a class, for that compensation. This trend is especially prevalent in the customer...more

Paul Hastings LLP

California Supreme Court Clarifies Whether Employers Must Pay for Certain Pre-Shift Activities

Paul Hastings LLP on

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

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

Fox Rothschild LLP

Will These Call Center Cases Ever End? Another Settlement Says Probably Not!

Fox Rothschild LLP on

Over the last ten years or so, there have been a rash of class actions involving workers employed at various call centers. These cases involve the performance of work prior to the shift and after, so-called preliminary and...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

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

Hogan Lovells

Small print - UK government publishes more detail on employment law reform

Hogan Lovells on

Last week the UK government announced that it was planning to make changes to the Working Time Regulations and one aspect of TUPE. It has now published a consultation paper providing further detail about the proposed reforms....more

Hogan Lovells

Expansion of Working Time Recording in Germany - Amendments to German Working Time Act Planned

Hogan Lovells on

The German Federal Ministry of Labor and Social Affairs had announced a draft bill for the first quarter to implement the requirements of the European Court of Justice and the German Federal Labor Court on the recording of...more

Poyner Spruill LLP

Tracking Worktime and Worksites for Remote Employees

Poyner Spruill LLP on

At the outset of the COVID-19 pandemic, employers transitioned millions of employees to remote work.  In many industries, the transition back to the office has been slow or nonexistent, drastically reducing the number of...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

Automatic Lunch Deduction Policy (Again) At The Center of FLSA Working Time Class Action: Stop The Madness!

Fox Rothschild LLP on

“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

Fox Rothschild LLP

Another Call Center Case Finding Boot Up Time Is Compensable: What Else Is New?

Fox Rothschild LLP on

The issue of working time, especially the issue of preliminary and postliminary activities and what activities are compensable, haunts me as a practitioner and is confusing for employers....more

Hogan Lovells

Sunset for IR35 and (some) retained EU law

Hogan Lovells on

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

Fox Rothschild LLP

Is Waiting In Your Car Compensable Working Time? California Supreme Court Will Decide

Fox Rothschild LLP on

I have blogged many times on security check cases and whether that waiting time is compensable. It continues to be a thorny issue and pops up in many jurisdictions. In an interesting variation on this theme, the California...more

McDermott Will & Emery

FRAGEN UND ANTWORTEN ZUM „STECHUHR“-BESCHLUSS DES BAG

McDermott Will & Emery on

Mit seinem Beschluss vom 13. September 2022 hat das Bundesarbeitsgericht (BAG) anlässlich eines Streits um Rechte des Betriebsrats bei der Arbeitszeiterfassung beiläufig mitgeteilt, dass Arbeitgeber verpflichtet sind, die...more

Fox Rothschild LLP

Decision On Travel Time And Waiting Time May Signal A Troubling Trend

Fox Rothschild LLP on

I have handled many working time cases, such as travel time and waiting time cases. A recent case coming out of Maryland spells trouble for employers on these issues. A court has ruled that waiting time, at the jobsite, and...more

Hogan Lovells

Beweislast für Überstundenvergütung bleibt bei den Mitarbeitenden

Hogan Lovells on

Bereits 2019 forderte der EuGH (v. 14. Mai 2019, C-55/18) die Mitgliedstaaten dazu auf, die Arbeitgeber*innen zu verpflichten, die täglich geleistete Arbeitszeit der Mitarbeitenden zu erfassen. Das deutsche Arbeitszeitgesetz...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

Hogan Lovells

Worker entitled to carry taken but unpaid holiday forward to end of employment

Hogan Lovells on

In Smith v Pimlico Plumbers Ltd the Court of Appeal for England and Wales allowed a worker to carry forward statutory holiday he had accrued during the course of his employment, which he had taken but not been paid for, until...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

Orrick, Herrington & Sutcliffe LLP

Orrick's 101 - Employment Law In Germany - Employers' Essentials (2021 Edition)

Every player interested or already active in the German market needs to have a working knowledge of the key principles of German employment law which offers a good level of protection to employees. This is especially true for...more

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