Working time cases, especially those claiming pay for preliminary or postliminary work are difficult and dangerous because they sneak up on an employer. These activities may seem minimal, or not
Continue Reading Another Preliminary/Postliminary Case: What The Employer Need Be Aware Of!
“I am angry and I don’t know what to do with my anger!” This is a line from the movie, The Big Chill, one of my favorites. It also
Continue Reading Automatic Lunch Deduction Policy (Again) At The Center of FLSA Working Time Class Action: Stop The Madness!
I have blogged about working time issues involving COVID testing and screening many times and there seems to be no shortage of these cases coming down the pike. On that
Continue Reading The FLSA Working Time Issue Of The Times-The Compensability (Or Not) Of Pre-Shift Covid-Testing At The Workplace
It is black letter FLSA canon that a promised bonus, such as a production bonus, or longevity bonus, must be included in the regular rate of employees who work overtime
Continue Reading Not Including Promised Bonuses In Regular Rate A Big No-No!
I see yet another class action lawsuit involving preliminary and postliminary activities, such as, in this case, donning-and-duffing clothing. A group of workers has sued their employer, a steel fabricating
Continue Reading Yet Another Preliminary/Postliminary Class Action: More Of The Same
The issue of working time, especially the issue of preliminary and postliminary activities and what activities are compensable, haunts me as a practitioner and is confusing for employers. Many of
Continue Reading Another Call Center Case Finding Boot Up Time Is Compensable: What Else Is New?
When people work, any of us, invariably, there is some measure of so-called “manual work” that we all do. What happens on wage payment, and should anything happen, if the
Continue Reading The Concept of “Manual Workers:” A Vagary Of New York Law
Employees get paid overtime when their work hours exceed forty in a “workweek.” This is a simple, yet complicated concept that is essential for employers to understand and be aware
Continue Reading What Is A Workweek Under The FLSA?: Whatever The Employer Says
I have blogged many times on security check cases and whether that waiting time is compensable. It continues to be a thorny issue and pops up in many jurisdictions. In
Continue Reading Is Waiting In Your Car Compensable Working Time? California Supreme Court Will Decide
I have handled many working time cases, such as travel time and waiting time cases. A recent case coming out of Maryland spells trouble for employers on these issues. A
Continue Reading Decision On Travel Time And Waiting Time May Signal A Troubling Trend