I have blogged about and have long been concerned about working time issues and what constitutes compensable work hours. One of the thorniest of these issues is on-call time and when, if at all, on-call hours become working time. A recent case throws light on this issue, as a Court has held that an
Ninth Circuit Finds Beauty School Students Were Not Employees
There have been a great many intern cases recently, cases testing whether interns crossed the line into being statutory employees and therefore covered by the FLSA. I have blogged about these kinds of cases and have specifically blogged about beauty school cases. The Ninth Circuit has just affirmed a lower federal court’s dismissal of
Use of Fluctuating Work Week Method To Pay Overtime Must Have A Fixed Salary As The Foundation
A class of equipment operators and trainees has asked a federal court to approve a $1.35 million settlement of their FLSA class action lawsuit alleging the Company did not fairly pay them their wages and used a gimmick to avoid doing so. The case is entitled Elliott v. Schlumberger Technology Corp. et al., and
Third Circuit Rest Break Case Has Different Slant
It is well-established that short rest breaks, so-called coffee breaks, are compensable under the Fair Labor Standards Act. In a variation on this age-old theme, in a unique set of circumstances, the Third Circuit has affirmed that employers must pay for breaks of up to twenty (20) minutes. In this case, the Company did not
Beauty School Students Are “Dropouts” From the FLSA According to Seventh Circuit
In the movie “Grease,” there is a song entitled “Beauty School Dropout,” sung by Frankie Avalon. Well, in a legal version of that number, the Seventh Circuit has affirmed that beauty school students have, sort of, dropped out of the FLSA as they are not considered employees. The case is entitled Hollins v. Regency Corp.
Airline Avoids Liability for Training Time Activity – Court Holds It Was Not “Work”
The issue of whether to pay for training time is a vexing one. In a recent case, a major airline avoided liability (for the most part) in a FLSA collective action alleging that it did not pay workers for time spent in a customer service-training program. The Court held that the trainees were not employees
Employer Wins Sanctions Against USDOL In Overtime Case—The Wheel Turns The Other Way
Usually, it is the USDOL that is seeking sanctions against an employer who has, in wholesale fashion, violated the Fair Labor Standards Act. Well, for once that wheel has turned the other way. A federal judge has just sanctioned Labor Secretary Tom Perez for
You’re Invited: Two Upcoming Webinars on Corporate Travel Policies and Electronic Device Use as Overtime
- Corporate travel spend is at great risk for non-compliance if business travelers make independent decisions about airlines, hotels and rental cars. In fact, companies that have a very loose travel policy, or no formal policy often end up with endlessly escalating travel expenses. Yet, preparing, approving and gaining travel policy support can be a daunting
Morgan Stanley Settles Four Collective Actions: The Specter of Off-the-Clock Lawsuits Continues to Haunt
The financial giant Morgan Stanley announced that it will settle four FLSA collective actions for six million dollars; the suits, filed by financial adviser trainees, alleged that they were not paid overtime properly. The case is entitled Devries v. Morgan Stanley & Co. LLC et al. and was filed in federal court in the Southern
Conditional Certification Granted In Zales FLSA Collective Action: The Danger of a Uniform Practice
There is no industry or business that is immune to FLSA collective actions. One might think that the a “high end” jewelry business would not be hit with such a suit, but a California federal judge has just certified a class of Zales employees who have alleged that their employer did not pay overtime properly;