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Wage & Hour – Development & 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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“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

Tough Questions For The Interviewer: Charlie Rose Settles Class Action Intern Lawsuit Alleging Employee Status

Posted in Class Actions, Working Time

In other blog posts, I have commented on a number of lawsuits, class action suits, filed on behalf of individuals who were hired as “interns” but who then claim that they were actually “employees” under the FLSA and should have been compensated.  There are definite criteria that have to be met for someone to be… Continue Reading

New Jersey Moving Towards Heightened Penalties For Wage and Hour Violations

Posted in Working Time

The New Jersey Assembly Budget Committee has approved legislation to enhance penalties and sanctions against employers who illegally withhold wages and benefits from employees.  The proposed legislation sets forth increased fines, penalties, and damages for wage and hour violations.  Additionally, the bill imposes criminal sanctions against employers who retaliate against employees for reporting and/or complaining… Continue Reading

Who The “Employer” Is Or Is Not In An FLSA Case?

Posted in Working Time

A plaintiff raising FLSA claims must show that an employment relationship existed between himself and the putative employers, no matter their number.  Often, a plaintiff will name an individual supervisor or manager as a defendant, in addition to the company.  In the recent case of Montero v. The Brickman Group et al, a District of… Continue Reading

Another Call Center Case Focuses On Off The Clock Working Time

Posted in Class Actions, Working Time

I have written many times about class actions for claimed working time and the great danger of these “subtle” kinds of violations that then explode on the employer.  Call centers gave been especially hard hit with this new wave of collective actions.  Another example.  A class of customer service representatives has been conditionally certified in… Continue Reading