This Sunday was Daylight Savings Time and we pushed the clocks ahead by one hour. This is, on a human level, a welcome event, as it signals winter’s end. Now,
Continue Reading Spring Ahead, Fall Back, Pay Now, Pay Later: Daylight Savings Time And The FLSA
It is amazing to me that employers still do not understand that there exists an inviolate obligation on their parts to pay proper overtime. It is not proper for an
Continue Reading Employees Working In Slaughterhouse Settle FLSA Overtime Case: When Will Employers Learn?
As a general rule, employee expense reimbursements are not includible in the regular rate for purposes of overtime computation. When the reimbursements, however, are unreasonable or out of whack (i.e.
Continue Reading Disturbing Ninth Circuit Holding On Inclusion Of Per Diem Expense Reimbursement In FLSA Regular Rate
There has been a lot of action lately from the USDOL on the issue of the Section 7(i) exemption from overtime (29 USC 207(i), the so-called commission exemption. One of
Continue Reading USDOL Opening Door (A Little) On Section 7(i) Commission/Retail Exemption After Rescission Of Outdated Lists
In FLSA cases, plaintiff lawyers are always looking for a deep pocket and one of the avenues they use towards this “goal” is the joint employer doctrine. That doctrine allows
Continue Reading FLSA Joint Employer Doctrine At Issue In Health Care Industry Overtime Class Action: A Warning To That Industry!
Are two lawsuits better than one? Not for the employer, I can tell you that. A very interesting case is working its way through the federal courts now, where the
Continue Reading USDOL Seeks To Kick Out Private Lawsuit Asserting It Can Do Better For Employees: Can It?
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!
I have handled many travel time cases and can report, regretfully, that plaintiff-side lawyers are always seeking new and creative ways to make certain kinds of travel time compensable. A
Continue Reading Travel Time Class Action Tries To Convert Home-To-Work Travel To Compensable Time
I have defended many cases in which the employee(s) claim they worked through lunch and are owed wages (or, usually, overtime). These cases are usually difficult to defend unless the
Continue Reading FLSA Working Through-Lunch Case Gets Dismissed: Another Automatic Lunch Deduction Case Goes Nowhere!
Over these last years, there have been a number of lawsuits by domestic employees against their employers and I have defended some of those. They present a unique kind of
Continue Reading FLSA Suit By Domestic Employee-Are The Work Hours Claimed Accurate?