The FLSA regulations on training time are very specific and, often, hard for an employer to comply with. There are four conditions precedent for such time to be non-compensable and
Continue Reading FLSA Class Action Settlement Illustrates Strictness Of Regulations On Training Time
Over the last ten years or so, there have been a rash of class actions involving workers employed at various call centers. These cases involve the performance of work prior
Continue Reading Will These Call Center Cases Ever End? Another Settlement Says Probably Not!
As you may know, I am a big student of working time cases and often blog about them. One of my favorite categories of such cases are the so-called “dog
Continue Reading Bow-Wow–Security Officers Want Pay For Canine Care: Yet Another “Dog” Of A Case!
Now that the clocks have changed for the ending of Daylight Savings Time (DST) there may be overtime implications for employers, especially for those employees who work graveyard or overnight
Continue Reading Change Of Hours Has FLSA Implications For Overtime
The office of Wage-Hour Administrator, a vital office in the functioning and direction of the USDOL, has now at long last, been filled. On October 25, 2023, Jessica Looman was
Continue Reading A New USDOL Wage and Hour Division Administrator Will Continue The Pro-Employee Agenda of The Biden Administration
In any litigation, obviously, the plaintiff(s) bear an initial burden of proof that must be met before the burden shifts to the defendant to rebut. In a Fair Labor Standards
Continue Reading Employees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?
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!
Of the three white collar exemptions, the administrative exemption is the vaguest and the hardest for an employer to prove. In an important case, the First Circuit has weighed in
Continue Reading The Murky FLSA Administrative Exemption Gets Clarification From The First Circuit, If Such A Thing Is Possible?
I have written about the collaborative arrangements, information sharing arrangements, that the USDOL has entered into with state DOLs and how that is a dangerous portent for employers. Well, the
Continue Reading More Interagency Cooperation–Arrangement Between USDOL and The EEOC Will Increase Scrutiny Of Employers!
I read an interesting article by Linda Bond Edwards from Rumberger Kirk which addressed the issue of paying employees a “salary” in exempt and non-exempt scenarios. The article brings up
Continue Reading The Term “Salary” Means Different Things For Different Employee Classifications—A Source Of Confusion For Employers