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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

Tag Archives: off-the-clock

“Suffer or Permit” Case Again Shows Danger Of Implicitly Requiring Overtime

Posted in Overtime Issues

I have often warned clients that simply having a policy against working unauthorized overtime does not immunize an employer against a successful lawsuit claiming payment for off-the-clock work.  A recent case (yet again) proves this maxim. An appellate court has now held that a group of nurses working for the US Department of Veterans Affairs… Continue Reading

Secret Service Hit with Overtime Suit on Off-The-Clock Work

Posted in Class Actions, Exemptions, Overtime Issues

As if the Secret Service did not have enough headaches to go around!  Now, the beleaguered agency has been hit with a class action lawsuit filed by information technology and telecommunication specialists, who allege they were not paid for extra work that was not reported/recorded.  The case is entitled Alvarez et al. v. U.S. and… Continue Reading

Another FLSA Off-the-Clock Case: Employees Allegedly Ordered Not To Report Time

Posted in Class Actions, Overtime Issues

I have posted numerous times about the dangers of (and the escalation of lawsuits) involving claims of off-the-clock work. Well, here we have yet another example.  A $450,000 settlement has now been approved in a case in which admissions representatives at a chain of cosmetology schools claim they were required, under an unwritten policy, to… Continue Reading

No Steak Sauce For Steak N Shake Workers As Judge Rejects Class Action: No Common Policy Or Practice

Posted in Class Actions

I happily note that a positive trend, in my view, is continuing.  That is to say, the defeating of FLSA collective actions by defendants asserting that there is not enough similarity in the putative plaintiffs to warrant their conditional certification into a class.  A federal judge has just rejected a motion for conditional certification, in… Continue Reading

Class of IBM Employees Decertified Because Of Need For Individual Assessment

Posted in Class Actions

I have often written that conditional certification in a FLSA collective action is fairly easy to get and de-certifying a class is difficult, once that conditional certification has been achieved.  Well, every rule has its exceptions.  A federal district court judge has recently de-certified a class of IBM call center employees who were claiming compensation… 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

Blowin’ In The Wind: Another Off-the-Clock Working Time Class Action

Posted in Class Actions, Working Time

In recent years, there has been a veritable explosion of class actions in which the theory is that the employer has failed to pay for preliminary or postliminary “working time.”  These can be exceedingly difficult cases to defend because if the workers can establish that the activity is integral to the primary job, the violation… Continue Reading

Off-the-Clock Collective Action Settled by Chicago Transit Authority

Posted in Class Actions, Working Time

Just the other day, I posted about an off-the-clock class action that involved field technicians.  In this off-the-clock FLSA collective action, bus drivers claimed that they were not compensated for time that spent driving routes to become familiar with those routes.  They must have had a case because a federal judge has now approved a… Continue Reading

Another Technician Off-the-Clock Class Action: The Most Dangerous Occupation For Such Claims

Posted in Working Time

I have often discussed the issue of lawsuits (usually collective actions) for off-the-clock claims and preliminary and postliminary work claimed to be compensable.  These are usually mundane activities and usually done for only a few minutes, but when the minutes occur every day, every week and there is a large group of employees engaging in… Continue Reading