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Wage & Hour – Developments & Highlights To Highlight Recent and Noteworthy Developments In Cases And Regulations on Wage and Hour Laws That Affect Large and Small Businesses

Category Archives: Working Time

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Survey Shows Corporate Counsel Especially Fear Class Actions: With Good Reason!

Posted in Class Actions, Exemptions, Overtime Issues, Working Time

A recent survey shows that class actions are the biggest worry for US corporate counsel.  This is based on a polling of approximately 800 corporate counsel where the results were that 25% of those polled labeled class actions as their biggest fear and that almost two of five answered that they have endured such an… Continue Reading

NFL Cheerleaders To Be Deemed “Employees” And Protected Under Proposed Law

Posted in Independent Contractor, Working Time

With the NFL draft just completed (and my Giants taking a much needed offensive lineman)  it is ironic that a law focusing on wage hour rights of NFL team cheerleaders is headed towards possible passage in California.  I have often blogged about independent contractor cases and cases involving claims for off-the-clock work.  The circumstances that… Continue Reading

No Soup for You: can a business ban an attorney who has filed a lawsuit against it?

Posted in Overtime Issues, Working Time

Jerry Seinfeld’s sitcom famously portrayed the “Soup Man” as the temperamental owner of a soup stand who would decline to serve customers that did not properly place a soup order.    Placing the humor aside, a new lawsuit raises the question as to whether a business can ban a lawyer who has initiated a lawsuit against… Continue Reading

Intern-Employee FLSA Case Dismissed Because Clinical Experience Is Not “Work”

Posted in Working Time

In Atkins v Capri Training Center, in the District of New Jersey, Judge Susan Wigenton considered a Motion to Conditionally Certify a Collective Action. Capri was a for-profit corporation that included beauty schools. Atkins attended one of the schools owned by Capri. While she was a student, Atkins worked at the Clinic in Clifton, NJ,… Continue Reading

Overtime for New York Employers

Posted in Overtime Issues, Working Time

Employees must receive overtime pay at the rate of 1½ times their regular rate of pay for all hours worked over 40 in a workweek. A common question we see is that “what is the regular rate of pay?” First of all, the regular rate of pay can never be less than the minimum wage.… Continue Reading

Wage and Hour Overtime Calculator Advisor – A Resource for Employers

Posted in Overtime Issues, Working Time

Calculating federal overtime requirements is no easy task.  As such, the Department of Labor’s website provides a phenomenal resource to employers: the Overtime Calculator Advisor! The Overtime Calculator Advisor provides employers with comprehensive info to understand federal overtime requirements.  We all know that the FLSA requires that covered, nonexempt employees in the be paid at least the federal… Continue Reading

“Wireless Ball and Chain” FLSA Working Time Cases Are Here To Stay!

Posted in Overtime Issues, Working Time

I read with interest a recent post by Michael Kun in the Epstein Becker wage hour blog concerning (non-exempt) employees seeking payment for and/or suing for compensation for time spent checking and responding to emails and utilizing other PDAs on (ostensibly) Company business after business hours and on weekends. I spoke on this topic at… Continue Reading

Skadden Case Will Bring More Focus On Issue of “Non-Exempt” Attorneys

Posted in Class Actions, Exemptions, Working Time

I have been following the series of lawsuits filed by attorneys who claim they were not performing “attorney” work and are therefore entitled to overtime in collective and class actions filed under the Fair Labor Standards Act. Now, the major law firm of Skadden Arps, in defending one such suit, has filed a motion to… Continue Reading

Overtime DOL Investigates New Jersey Employers

Posted in Working Time

Complying with overtime requirements should be relatively “simple” for employers, yet often these requirements cause confusion for the business community or are, perhaps, disregarded.  The FLSA requires that covered, nonexempt employees be paid (at least) the federal minimum wage of $7.25 per hour, and one and one-half times their regular rate for hours worked over… Continue Reading

Working During Meal Break Controversy Continues: What Employers Should Do

Posted in Working Time

In December, I blogged about off-the-clock work in my post Unreported, Off-the-Clock Work.  Off-the-clock work includes meal break time, and issues arise when employees work during these breaks, or claim that they work during these breaks, but are not paid.  Recently, an Ohio federal judge decertified a class of employees who alleged that their employer’s… Continue Reading

Break Time for Nursing Mothers

Posted in Working Time

Section 7 of the Fair Labor Standards Act (“FLSA”) was amended by the Affordable Care Act to require employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has the need to express the milk. This requirement… Continue Reading