Header graphic for print
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

Subscribe to Working Time RSS Feed

Sirius XM Settles FLSA Intern Case: Good Use of Formulas as a Basis for Settlement

Posted in Class Actions, Working Time

There have been a host of intern cases of late, the theory being that these individuals were actually doing productive work, acting as if they were employees, and were not paid for their labor that facilitated the particular company’s business.  In another example of this phenomenon, Sirius XM has just settled a putative FLSA collective… Continue Reading

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

Off-the-Clock Security Checks

Posted in Class Actions, Working Time

There are some interesting cases going on right now about whether employees who work in electronic retail stores need to be paid for the time they spend waiting to get their bags checked when they clock in and out of their shifts.  Currently, these security checks are “off the clock” but sometimes these employees are… 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

Must-Know Facts for Hiring Teenagers This Summer

Posted in Working Time

Beach. Amusement. Sunshine. School is almost out and eager teenagers will soon be knocking on your doors seeking summer employment. If you plan on hiring teenagers this, or any summer, here are a few facts to keep in mind. N.J.S.A, section 34:2-21.3  prohibits New Jersey minors under 18 years old from working more than 6 consecutive… 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

New York City Paid Sick Time: Employers Get Ready

Posted in Working Time

New York City Mayor Bill de Blasio signed an amendment to the New York City Earned Sick Time Act that will become effective April 1, 2014 and will require covered employers to provide 40 hours of paid (or unpaid sick if less than 5 employees) leave per year to NYC employees. Sick time must accrue… 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

“Working time” – What Constitutes Hours Worked?

Posted in Working Time

One continuously evolving area of wage and hour law is “when did the employee start working?”  According to the FLSA, employers must pay their employees for all hours worked.  The FLSA, however, does not define the term “work,” leaving the question of “what constitutes hours worked” unanswered.  The issues of whether time spent commuting, changing… Continue Reading