As you may know, I am a big student of working time cases and often blog about them. One of my favorite categories of such cases are the so-called “dog
Continue Reading Bow-Wow–Security Officers Want Pay For Canine Care: Yet Another “Dog” Of A Case!
Now that the clocks have changed for the ending of Daylight Savings Time (DST) there may be overtime implications for employers, especially for those employees who work graveyard or overnight
Continue Reading Change Of Hours Has FLSA Implications For Overtime
In any litigation, obviously, the plaintiff(s) bear an initial burden of proof that must be met before the burden shifts to the defendant to rebut. In a Fair Labor Standards
Continue Reading Employees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?
I love working time cases. And we got a real winner lately. The Third Circuit has recently ruled that clothes-changing time for oil rig workers was compensable. In so doing
Continue Reading Third Circuit Clarifies The Meaning Of “Integral and Indispensable” Test In Preliminary/Postliminary Working Time Cases: Employers Beware!
It seems every other week there is a call center case involving preliminary and postliminary working time. Now, it is a Wayfair call center. The customer service workers allege that
Continue Reading Will These Working Time Call Center Cases Ever Stop? I Bet Not!
In any FLSA lawsuit involving unionized workers, the defense lawyer must always look for a preemption defense. That means that the lawsuit is not properly before a Judge because it
Continue Reading Federal Preemption Defense In FLSA Lawsuit—Good Tactic!
Another working time case where the allegation is workers being compelled to work through lunch. Seems that the health care industry is prone to this as I have blogged about
Continue Reading Yet Another Automatic Lunch Deduction Case Shows Need For Fail Safe Policy!
The US Department of Labor (DOL) has issued a Field Assistance Bulletin (“FAB”) concerning the proper implementation of the new Providing Urgent Maternal Protections for Nursing Mothers Act, the so-called
Continue Reading New USDOL Guidance On Nursing Mothers: The Compensability Issues
I read an interesting blog post by Seyfarth Shaw on a working time case in a call center. I have often blogged about working time cases, preliminary/postliminary cases, and have
Continue Reading The De Minimis Doctrine May Not Be As Moribund As I Have Thought: Call Center Case Makes This (Important) Point
Since the pandemic, companies across the nation have been dealing with the issue of remote work, from many perspectives, but amongst the most important, the wage-hour perspective of how to
Continue Reading Remote Work Under The FLSA Is A Hot Issue, Drawing Technical Guidance From The USDOL