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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

Tag Archives: working

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

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

The United States Department of Labor Targets Wage and Hour Abuses In The Residential Care Industry

Posted in Working Time

On December 1, 2011, the United States Department of Labor (“DOL”) announced that it will be conducting an “enforcement initiative” focused on the residential care industry in North Carolina. The residential care industry consists of group homes, long term care facilities, and other businesses that provide care for individuals who are incapable of caring for… 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

The United States Department of Labor Introduces iPhone Application To Track Employees’ Hours and Pay

Posted in Working Time

On May 9, 2011, the United States Department of Labor (“DOL”) announced the launch of an application for the iPhone and iPod Touch that will record the hours worked by employees and the wages they are owed.  The application will be available in English and Spanish and will allow users to record their regular work hours,… Continue Reading

Do Employers Need to Pay Workers For Time Spent Turning On and Off Their Computers?

Posted in Working Time

This past week, Asurion Inc. settled a class action brought under the Fair Labor Standards Act in which employees alleged that the company improperly failed to pay them for time spent turning on and shutting down their computers each day.  According to the complaint, Asurion allegedly maintained a policy and practice of requiring employees to… Continue Reading

Working Time Class Action Focuses On Alleged Manipulation of Time Records

Posted in Class Actions, Working Time

A North Carolina-based employee has filed a FLSA collective action and a state law class action alleging, among other things, breach of contract, against Foot Locker Incorporated.  The Complaint alleges that the Company essentially deprived sales associates, cashiers and stockers from properly due wages and overtime through a systemwide policy and practice of managers altering… Continue Reading

Happy Thanksgiving! Turkey Processing Plant Workers Sue For Overtime

Posted in Class Actions, Working Time

A federal judge has conditionally certified a class action which was instituted by a group of production line workers in a turkey processing plant.  They claim they are owed compensation for donning and duffing activities as well as other activities that they claim were “working time.”  They claim compensation for changing into protective gear (the… Continue Reading

Taking Exercise Classes and Watching Inspirational Videos Is Working Time? FLSA Collective Action Hits Lululemon Athletica

Posted in Working Time

When employers are compelling employees or “suggesting” to employees that they engage in work-related activities before or after they go on and off the clock, trouble is brewing.  In the latest of these working time class actions, a group of employees working for Lululemon Athletica Inc. have sued the company under the Fair Labor Standards… Continue Reading

Health Care Industry: DOL Intensified Focus Mandates More Awareness

Posted in Class Actions, Working Time

In a recent posting in the Wage Hour Defense Blog, Kara Maciel brought attention to the new, intensified focus by the federal Department of Labor in auditing and inspecting health care facilities.  I represent a number of such facilities and have also noticed an uptick in such investigations, especially as concerns lunch breaks and rounding. … Continue Reading

Union Representation Activities: Are They “Working Time” Under The FLSA?

Posted in Class Actions, Working Time

In a rather new twist on the working time class action trend, Southwestern Bell Telephone Co. is being sued in a Fair Labor Standards Act (“FLSA”) collective action, where the underlying theory is that the company has denied union representatives compensation for their time performing union-related duties.  The case is entitled Kayser et al. v…. Continue Reading

Off-The-Clock Work: A Hidden Danger Explodes

Posted in Class Actions, Working Time

I have posted numerous times on the issues of preliminary and postliminary work and whether these activities are compensable.  Part and parcel of this issue is whether such time is compensable.  A recent case highlights (again) this issue and the confusion that well-intending employers face when determining whether or not to pay employees for alleged working… Continue Reading

A New Interpretation of the DOL

Posted in Class Actions, Working Time

A few weeks ago, I posted on the new federal Department of Labor policy to now issue position papers, as opposed to responding to requests for opinion letters. On this subject, there has been a rash of cases, many of them class actions, on whether certain preliminary and postliminary activities related to putting on safety… Continue Reading

Classes and Sub-classes Are Possibilities In FLSA Collective Actions

Posted in Class Actions

The Seventh Circuit Court of Appeals (based in Chicago) has reversed a district court judge who dismissed two Fair Labor Standards Act overtime collective actions instigated by a group of Chicago paramedics because the lower court judge found the claims were “hopelessly heterogeneous.” Such a finding means that there is not the overall, common pattern,… Continue Reading

Are Smart Time Clocks, In Fact, “Smart?”— Class Action Involving Automatic Lunch Deductions

Posted in Class Actions, Working Time

There are employers whose “smart” time clocks automatically make a thirty minute deduction every day for lunch, supposedly and assumedly taken.  I have railed against this practice, advising that the far safer thing is to have employees punch out and then back in for lunch, because someone, somewhere down the line, will assert that they… Continue Reading

Preliminary and Postliminary Activities In A Different Context

Posted in Class Actions, Working Time

I have posted numerous times on the issue of when preliminary or postliminary job “duties” become compensable.  If the employer is unaware that they might, or missed the mark, the result can be and often is a class action lawsuit, oftentimes seeking overtime compensation, as these “work activities” often bring the hours worked to more… Continue Reading