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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

Category Archives: Working Time

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Morgan Stanley Settles Four Collective Actions: The Specter of Off-the-Clock Lawsuits Continues to Haunt

Posted in Class Actions, Working Time

The financial giant Morgan Stanley announced that it will settle four FLSA collective actions for six million dollars; the suits, filed by financial adviser trainees, alleged that they were not paid overtime properly.  The case is entitled Devries v. Morgan Stanley & Co. LLC et al. and was filed in federal court in the Southern… Continue Reading

Conditional Certification Granted In Zales FLSA Collective Action: The Danger of a Uniform Practice

Posted in Class Actions, Working Time

There is no industry or business that is immune to FLSA collective actions.  One might think that the a “high end” jewelry business would not be hit with such a suit, but a California federal judge has just certified a class of Zales employees who have alleged that their employer did not pay overtime properly;… Continue Reading

Federal Contractors Paid Sick Leave Rule Proposed: A Sign Of A Trend?

Posted in Working Time

The USDOL has announced a proposed rule for implementing the President’s Executive Order, which would require federal government contractors to offer employees up to seven days of paid sick leave.  This is a bold initiative that is paralleling this fairly common fringe benefit offered by many private employers, but which construction contractors were perhaps less… Continue Reading

A Great Victory! Federal Judge Rules Against Plaintiffs In Off-Duty BlackBerry Use Trial

Posted in Class Actions, Overtime Issues, Working Time

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 policies and procedures it had implemented, to win this very large class action.  It seems I was right.  The federal district court judge has ruled that… Continue Reading

Ho, Hum: The Number of Wage Suits Rises Again.

Posted in Class Actions, Independent Contractor, Overtime Issues, Working Time

Guess what?  Wage suits are increasing.  Hardly a surprise.  A recent study shows that wage-hour lawsuits were up about 8 percent over last year, which may stem (in part) from the recent USDOL initiatives on revising the FLSA exemption regulations and its “white paper” on independent contractor issues.  There is also the problem with applying… Continue Reading

You’re Invited: Two Upcoming Webinars on Soft Activities and FLSA Class Actions

Posted in Class Actions, Overtime Issues, Working Time

When do activities engaged in by employees rise to the level of compensable work hours?  Many side activities (so-called soft activities) performed by employees can end up being counted as work time and costing unwary employers thousands of dollars. Learn what types of activities are often at issue in these cases, especially the new “crisis,”… Continue Reading

Sirius XM Settles FLSA Intern Case: Good Use of Formulas as a Basis for Settlement

Posted in Class Actions, Working Time

There have been a host of intern cases of late, the theory being that these individuals were actually doing productive work, acting as if they were employees, and were not paid for their labor that facilitated the particular company’s business.  In another example of this phenomenon, Sirius XM has just settled a putative FLSA collective… Continue Reading

Survey Shows Corporate Counsel Especially Fear Class Actions: With Good Reason!

Posted in Class Actions, Exemptions, Overtime Issues, Working Time

A recent survey shows that class actions are the biggest worry for US corporate counsel.  This is based on a polling of approximately 800 corporate counsel where the results were that 25% of those polled labeled class actions as their biggest fear and that almost two of five answered that they have endured such an… Continue Reading

NFL Cheerleaders To Be Deemed “Employees” And Protected Under Proposed Law

Posted in Independent Contractor, Working Time

With the NFL draft just completed (and my Giants taking a much needed offensive lineman)  it is ironic that a law focusing on wage hour rights of NFL team cheerleaders is headed towards possible passage in California.  I have often blogged about independent contractor cases and cases involving claims for off-the-clock work.  The circumstances that… Continue Reading

No Soup for You: can a business ban an attorney who has filed a lawsuit against it?

Posted in Overtime Issues, Working Time

Jerry Seinfeld’s sitcom famously portrayed the “Soup Man” as the temperamental owner of a soup stand who would decline to serve customers that did not properly place a soup order.    Placing the humor aside, a new lawsuit raises the question as to whether a business can ban a lawyer who has initiated a lawsuit against… Continue Reading

Intern-Employee FLSA Case Dismissed Because Clinical Experience Is Not “Work”

Posted in Working Time

In Atkins v Capri Training Center, in the District of New Jersey, Judge Susan Wigenton considered a Motion to Conditionally Certify a Collective Action. Capri was a for-profit corporation that included beauty schools. Atkins attended one of the schools owned by Capri. While she was a student, Atkins worked at the Clinic in Clifton, NJ,… Continue Reading

Off-the-Clock Security Checks

Posted in Class Actions, Working Time

There are some interesting cases going on right now about whether employees who work in electronic retail stores need to be paid for the time they spend waiting to get their bags checked when they clock in and out of their shifts.  Currently, these security checks are “off the clock” but sometimes these employees are… Continue Reading

Overtime for New York Employers

Posted in Overtime Issues, Working Time

Employees must receive overtime pay at the rate of 1½ times their regular rate of pay for all hours worked over 40 in a workweek. A common question we see is that “what is the regular rate of pay?” First of all, the regular rate of pay can never be less than the minimum wage.… Continue Reading

Must-Know Facts for Hiring Teenagers This Summer

Posted in Working Time

Beach. Amusement. Sunshine. School is almost out and eager teenagers will soon be knocking on your doors seeking summer employment. If you plan on hiring teenagers this, or any summer, here are a few facts to keep in mind. N.J.S.A, section 34:2-21.3  prohibits New Jersey minors under 18 years old from working more than 6 consecutive… Continue Reading

Wage and Hour Overtime Calculator Advisor – A Resource for Employers

Posted in Overtime Issues, Working Time

Calculating federal overtime requirements is no easy task.  As such, the Department of Labor’s website provides a phenomenal resource to employers: the Overtime Calculator Advisor! The Overtime Calculator Advisor provides employers with comprehensive info to understand federal overtime requirements.  We all know that the FLSA requires that covered, nonexempt employees in the be paid at least the federal… Continue Reading