The employer who is fighting a collective or class action must make the argument that there is too much of a need for individual scrutiny to allow a class to proceed. There are times that argument works, and times it does not. An Illinois federal Judge has recently conditionally certified a class of logistics workers
Spring Ahead, Fall Back, Pay Now, Pay Later: Daylight Savings Time And The FLSA
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, I can fling away any vestiges of Seasonal Affective Disorder and turn my attention to outdoor activities. Employers, however, must be vigilant on the particular
Employees Working In Slaughterhouse Settle FLSA Overtime Case: When Will Employers Learn?
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 employer to believe that if it treats its employees “well,” or if its business is “green” and it tries to do the right thing by
Biden DOL Withdrawal Of Trump DOL Opinion Letters Signals Major Pendulum Swing Towards Employees
I have often said that the USDOL is a politically charged industry and its view on legal issues (much like the National Labor Relations Board) shifts with the Administration that is in power. For example, under the prior administration, the agency took a pro-business stance and issued pro-business Opinion Letters on independent contractor and working
Bah, Humbug! Hospital Hit With Another Of The FLSA Collective Actions On Missed Lunches
The health care industry seems to be ground zero for a particular kind of class action lawsuit. Many of these health care institutions have policies where a thirty-minute lunch period is automatically deducted from the daily scroll of hours. This is quite understandable, from an operational perspective, as it usually is difficult for employees to
USDOL Issues Travel Time Opinion Letter For Construction Industry-Part II
I blogged the other day about a USDOL travel time Opinion Letter for the construction industry and foremen in that industry. The employer seeking the advice posed three scenarios and wanted answers about the foremen and the laborers that also ride in the trucks. In this installment, I look at the issue of compensable time
USDOL Issues Travel Time Opinion Letter For Construction Industry
I have stated many times that I am pleased that the USDOL has taken again to issuing Opinion Letters which guide employers in complying with the Fair Labor Standards Act. I am particularly happy that the agency has issued an Opinion Letter dealing with travel time issues in the construction industry, as these issues are
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 plaintiffs try to convert ordinary travel into working hours, i.e. compensable. In a recent case, a class of employees whose job function was directing traffic
Travel Time Class Action Tries To Convert Home-To-Work Travel To Compensable Time
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 new case has been filed on this issue where oil and gas workers claim they are owed overtime for travel between company housing to their
FLSA Working Through-Lunch Case Gets Dismissed: Another Automatic Lunch Deduction Case Goes Nowhere!
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 employer either compels employees to punch out and in for lunch or has another kind of fail-safe mechanism to account for this time, if legitimately