I love working time cases. And we got a real winner lately. The Third Circuit has recently ruled that clothes-changing time for oil rig workers was compensable. In so doing
Continue Reading Third Circuit Clarifies The Meaning Of “Integral and Indispensable” Test In Preliminary/Postliminary Working Time Cases: Employers Beware!Preliminary Activity
Will These Working Time Call Center Cases Ever Stop? I Bet Not!
It seems every other week there is a call center case involving preliminary and postliminary working time. Now, it is a Wayfair call center. The customer service workers allege that…
Continue Reading Will These Working Time Call Center Cases Ever Stop? I Bet Not!The De Minimis Doctrine May Not Be As Moribund As I Have Thought: Call Center Case Makes This (Important) Point
I read an interesting blog post by Seyfarth Shaw on a working time case in a call center. I have often blogged about working time cases, preliminary/postliminary cases, and have…
Continue Reading The De Minimis Doctrine May Not Be As Moribund As I Have Thought: Call Center Case Makes This (Important) PointAnother Preliminary/Postliminary Case: What The Employer Need Be Aware Of!
Working time cases, especially those claiming pay for preliminary or postliminary work are difficult and dangerous because they sneak up on an employer. These activities may seem minimal, or not…
Continue Reading Another Preliminary/Postliminary Case: What The Employer Need Be Aware Of!Preliminary/Postliminary Class Action (Again): What Does “Integral” Mean To Make Pre-Shift Activities Compensable
How many times have I written about working time cases, so called “off the clock” cases, where the claimed compensable time arises from preliminary or postliminary activities that are tied…
Continue Reading Preliminary/Postliminary Class Action (Again): What Does “Integral” Mean To Make Pre-Shift Activities Compensable
Lawyers Want To Withdraw From FLSA Class Action Against Cannabis Company Because Their Clients Are Incommunicado
This is an interesting and rather unique situation. Two lawyers who represent a putative class of workers who filed a class action under the Fair Labor Standards Act now want…
Continue Reading Lawyers Want To Withdraw From FLSA Class Action Against Cannabis Company Because Their Clients Are Incommunicado
Commuting In Company Truck Does Not Make The Travel Time Compensable Under FLSA: Too Bad!
I just posted on a travel time case the other day but I have a special fondness for these kinds of cases and enjoy watching the numerous, creative ways that…
Continue Reading Commuting In Company Truck Does Not Make The Travel Time Compensable Under FLSA: Too Bad!
The FLSA and Temperature Checks: The Doctrine of “Integral and Indispensable” Comes to the Forefront
The other day I went to the eye doctor and, before I could go in, an employee checked my temperature. This phenomenon is going to become perhaps a constant fact…
Continue Reading The FLSA and Temperature Checks: The Doctrine of “Integral and Indispensable” Comes to the Forefront
Donning and Duffing Cases Keep Happening: The Danger of Off-The-Clock Activities
Working time cases come in all sizes and shapes. Many of these off-the-clock cases are so-called donning-and-duffing cases involving clothes changing for work and whether it is compensable. The U.S.
Continue Reading Donning and Duffing Cases Keep Happening: The Danger of Off-The-Clock Activities
A Great Victory! Federal Judge Rules Against Plaintiffs In Off-Duty BlackBerry Use Trial
I have followed this case closely for some time, I blogged in September that I thought the City of Chicago had positioned itself in the most favorable position, with the…
Continue Reading A Great Victory! Federal Judge Rules Against Plaintiffs In Off-Duty BlackBerry Use Trial