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!
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
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
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
Employer Withholds Last Wages To Compensate It For Training Costs: Is This An Employer Expense?
A thorny issue for employers is training newly hired people, then having those people quit (for whatever reason) and being stuck with the training costs. What can the employer do?
Continue Reading Employer Withholds Last Wages To Compensate It For Training Costs: Is This An Employer Expense?
FLSA Collective Action Seeks Payment For Time Spent Undergoing COVID Screen: I Don’t Think So!
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
Continue Reading FLSA Collective Action Seeks Payment For Time Spent Undergoing COVID Screen: I Don’t Think So!
Third Circuit Shoots Down Exorbitant Demand For Attorneys’ Fees Where Plaintiffs Win Only A Few Thousand Dollars: There Is Hope!
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
Continue Reading Third Circuit Shoots Down Exorbitant Demand For Attorneys’ Fees Where Plaintiffs Win Only A Few Thousand Dollars: There Is Hope!
Another Security Line Check Case: The Extent Of The De Minimis Rule Explored
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
Continue Reading Another Security Line Check Case: The Extent Of The De Minimis Rule Explored
Need For Too Much Individual Scrutiny Defense Fails: A Real Bummer!
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
Continue Reading Need For Too Much Individual Scrutiny Defense Fails: A Real Bummer!
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,
Continue Reading Spring Ahead, Fall Back, Pay Now, Pay Later: Daylight Savings Time And The FLSA