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Over-Time Off-The-Clock

CDF Labor Law LLP

[Webinar] Just When You Thought It Was Safe to Go Back to the Office – The Top 10 Current Legal Headaches for California Employers...

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California employers face a constantly evolving legal landscape, with compliance challenges that can lead to significant financial and operational risks. Join CDF Partners Todd Wulffson and Alessandra Whipple during this...more

Jackson Lewis P.C.

Will Construction Employees Enjoy the ‘Right to Disconnect’?

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Cell phone communications, emails, and texts have been around for decades. According to JB Knowledge’s 2020 Construction Technology Report, 93 percent of construction industry workers use smartphones for work purposes....more

McGlinchey Stafford

When Does After-Hours Work Turn into Compensable Work?

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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

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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

Jackson Lewis P.C.

Seventh Circuit: Employer May Place Conditions on Paying for Non-Compensable Off-the-Clock Work

Jackson Lewis P.C. on

If an employer adopts a contract or custom of paying employees for pre- or post-shift activities that are not otherwise compensable under the Fair Labor Standards Act (FLSA), it can impose conditions on such pay, including...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: NEW BONUS SESSION: Expert Testimony in Wage and Hour Litigation - March 2nd,...

DCI Consulting on

Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: The Fair Labor Standards Act (minimum wage)

NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second installment covered religious...more

Jaburg Wilk

The Dangers of OTC Work

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Two years ago, these words were seldom used in the business context – remote workers, hybrid schedule, and essential workers. Now they are the norm. During the pandemic, many employers have embraced telework opportunities for...more

CDF Labor Law LLP

[Webinar] Combatting the Rise in Wage & Hour and PAGA Litigation in the Healthcare Industry - October 7th, 10:00 am - 11:00 am PST

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Healthcare employers are not immune to the outbreak of wage and hour and PAGA claims that are plaguing California businesses. As healthcare is one of the largest and fastest-growing industries in the country, it places a...more

CDF Labor Law LLP

[Webinar] Employment Law Compliance Strategies for Healthcare Industry: COVID, Internal Investigations, Wage & Hour & More -...

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CDF Labor Law has designed a series of complimentary webinars on employment-related topics specifically designed for our friends and colleagues in the healthcare industry. CDF’s Healthcare Education Week will run October 4-8,...more

Constangy, Brooks, Smith & Prophete, LLP

Teleworking: Amazing or amazingly complex?

COVID-19 forced many companies to quickly jump into the realm of teleworking or to drastically expand existing programs. What policies should employers institute and enforce to discourage off-the-clock work? Do employers need...more

Fox Rothschild LLP

More USDOL Guidance On Virus Working Time Issues: Tracking Off-The-Clock Time

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I have written several times about employees working from home, e.g. telecommuting, and how employers must carefully keep track of their hours to avoid unauthorized overtime. There are situations, however, that arise...more

BakerHostetler

Third Circuit Finds Multiple Problems With Certification of Off-the-Clock Claims

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A recent case from the Third Circuit casts a spotlight on many of the problems inherent in so-called off-the-clock claims for overtime....more

FordHarrison

DOL Reminder to Employers this Holiday Season

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On November 27, 2019, the U.S. Department of Labor (“DOL”) issued a reminder to employers to be mindful of wage and hour requirements this holiday season.  As the holiday season ramps up, so does the number of temporary and...more

Cozen O'Connor

Top 10 HR Headaches for 2019

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A new year always brings new headaches for HR professionals. So far, 2019 has been off to a running start with a government shutdown, the early start of the next presidential campaign and talks of major immigration reform....more

Littler

Third Circuit Reverses Class Certification of Unpaid Overtime Claims in Off-The-Clock Lawsuit

Littler on

In Reinig v. RBS Citizens, N.A., a three-judge panel of the U.S. Court of Appeals for the Third Circuit overturned a district court’s decision certifying a class of mortgage loan officers (“MLOs”) who claimed they were...more

BakerHostetler

California Off-the-Clock Case Involving Independent Contractors Crumbles

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Extensive expert report still fails to establish fairness and manageability for trial. A growing number of courts are questioning classwide proof in off-the-clock cases, and those examining expert testimony in such matters...more

Fisher Phillips

3 Critical Wage And Hour Questions For Every Hospitality Employer

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The hospitality industry is an increasingly popular target for enforcement actions by government agencies, not to mention lawsuits by plaintiffs’ attorneys. To help avoid three common wage and hour issues that come up too...more

Fisher Phillips

USDOL Self-Report PAID Program: Benefits TBD (Updated 04/03/18)

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Last week the U.S. Department of Labor (USDOL) announced its Payroll Audit Independent Determination (PAID) pilot program to mixed reactions. The PAID program is meant to provide a framework for employers to proactively...more

BakerHostetler

Illinois Appellate Court Reverses Certification in Off-the-Clock Case

BakerHostetler on

With many of the most common sources of overtime claims being exhausted (e.g., assistant manager cases), plaintiffs are bringing off-the-clock cases in increasing numbers. While employers should certainly pay nonexempt...more

Fox Rothschild LLP

Seventh Circuit Affirms Dismissal Of Chicago Police Off-The-Clock Blackberry Case

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I have blogged on this long, protracted saga many times and I am glad to see that with each posting, the judicial result does not change. The Seventh Circuit has now affirmed a lower court’s ruling that determined that...more

Fisher Phillips

Hear No Unreported Time, See No Unreported Time - Examining The Role Of Employer Policies In Off-The-Clock Claims

Fisher Phillips on

Some courts have read a safeguard into federal wage and hour law that can protect employers from liability for working-off-the-clock claims, believing you should not be responsible for unpaid overtime or minimum wage if you...more

Fenwick & West LLP

No Liability for Off-the-Clock Work Absent Employer Knowledge

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A California appeals court refused to hold Kaiser Foundation Health Plan liable for alleged off-the-clock overtime about which it lacked knowledge. In Jong v. Kaiser Foundation Health Plan, Inc., Jong, together with two other...more

BakerHostetler

Missouri Court Denies Conditional Certification Of Off-The-Clock Case

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In some respects, one of the most difficult types of wage and hours lawsuits are so-called “off-the-clock” cases in which the employer has promulgated lawful time-keeping and compensation policies, but the plaintiffs contend...more

Fisher Phillips

A Recent Off-The-Clock Case Should Not Breed Complacency

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It might sometimes seem from the parade of headline-grabbing, employee-favoring court decisions that employers are destined to lose in so-called "off-the-clock" cases under the federal Fair Labor Standards Act....more

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