News & Analysis as of

Fair Labor Standards Act (FLSA) Employer Liability Issues Working Time Regulations

Fox Rothschild LLP

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

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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

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

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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

Change Of Hours Has FLSA Implications For Overtime

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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!

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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

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

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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

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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

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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!

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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

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