The issue of payment (or not) for undergoing security checks has been a hot item of late, especially since the US Supreme Court issued its momentous decision in Integrity Staffing Solutions v. Busk. Now, these controversies have taken on a new tweak with COVID-related screenings. In a recent case, a group of workers are

A big part of defending any wage hour case and settling such a case is the issue of attorneys’ fees for the plaintiff’s lawyer. Plaintiff attorneys are always having grandiose notions of what they are entitled to and these issues often become the deal breaking issue of the litigation. Well, maybe us defense lawyers are

There have been a host of federal cases recently focusing on whether time spent waiting in security lines is compensable. Some have gone for the plaintiffs and others for the employer, as these cases are nuanced and fact-sensitive. A recent example of this genre is a Nike case where the Company will pay $8.25 million

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

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

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

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

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