How many times have I written about working time cases, so called “off the clock” cases, where the claimed compensable time arises from preliminary or postliminary activities that are tied
Continue Reading Preliminary/Postliminary Class Action (Again): What Does “Integral” Mean To Make Pre-Shift Activities Compensable
Working Time
FLSA Training Time Class Action Highlights the Nuances of ‘Working Time’ Issues
By Mark Tabakman on
To me, working time lawsuits are almost the most dangerous for an employer because they often will affect many employees, lending themselves (easily) to a purported class action. A recent…
Continue Reading FLSA Training Time Class Action Highlights the Nuances of ‘Working Time’ Issues
FLSA Travel Time Class Action For Oil & Gas Workers Gets Conditional Certification: Now, The Fun Begins!
By Mark Tabakman on
I had blogged about this case some months ago and am interested in following it through. Now, a Judge has granted conditional certification to a class of oil and gas…
Continue Reading FLSA Travel Time Class Action For Oil & Gas Workers Gets Conditional Certification: Now, The Fun Begins!
Piece Rate Overtime FLSA Class Action Shows Danger In Improper Overtime Computation: The Nuances of the Overtime Regulations (29 CFR 778)
By Mark Tabakman on
I have many clients that want to comply with the Fair Labor Standards Act (“FLSA”) and pay workers properly, especially for overtime. However, I have found that even the most…
Continue Reading Piece Rate Overtime FLSA Class Action Shows Danger In Improper Overtime Computation: The Nuances of the Overtime Regulations (29 CFR 778)
These Pre-Shift Working Time Cases Keep Popping Up–Employers Beware!
By Mark Tabakman on
Many employers believe that if an employee (or many employees) perform a tiny amount of work, or work-like activity, before their shifts, that brief off-the-clock, activity cannot be “working time”…
Continue Reading These Pre-Shift Working Time Cases Keep Popping Up–Employers Beware!
Yet Another FLSA Call Center Working Time Class Action—Here We Go Again!
By Mark Tabakman on
I have written about call center cases, which involve allegedly unpaid working time, many times. Well, they continue to pop up. In a recent case, a class of workers claim…
Continue Reading Yet Another FLSA Call Center Working Time Class Action—Here We Go Again!
Not Another Class Action Seeking Payment For COVID Testing!–Employer Compulsion The Key?
By Mark Tabakman on
The thorny issue of what constitutes “working time” is always causing headaches for employers and the pandemic period has increased these concerns greatly, with demands made for compensation for testing…
Continue Reading Not Another Class Action Seeking Payment For COVID Testing!–Employer Compulsion The Key?
Trial Before Certification in FLSA Class Action Case?—Third Circuit Says No Way!
By Mark Tabakman on
In a chicken-and-egg type of case, an unusual case, the Third Circuit has emphatically held a Judge taking over a class action case must deal with the threshold issue of…
Continue Reading Trial Before Certification in FLSA Class Action Case?—Third Circuit Says No Way!
Employers Beware—State Wage Hour Rules May Be Tougher Than The FLSA and Must Be Complied With
By Mark Tabakman on
I always tell clients they must comply with both federal and state law, whatever State they are situate in, that complying with one is not a defense to not complying…
Continue Reading Employers Beware—State Wage Hour Rules May Be Tougher Than The FLSA and Must Be Complied With
Lawyers Want To Withdraw From FLSA Class Action Against Cannabis Company Because Their Clients Are Incommunicado
By Mark Tabakman on
This is an interesting and rather unique situation. Two lawyers who represent a putative class of workers who filed a class action under the Fair Labor Standards Act now want…
Continue Reading Lawyers Want To Withdraw From FLSA Class Action Against Cannabis Company Because Their Clients Are Incommunicado