It is black letter FLSA canon that a promised bonus, such as a production bonus, or longevity bonus, must be included in the regular rate of employees who work overtime
Continue Reading Not Including Promised Bonuses In Regular Rate A Big No-No!Working Time
Yet Another Preliminary/Postliminary Class Action: More Of The Same
I see yet another class action lawsuit involving preliminary and postliminary activities, such as, in this case, donning-and-duffing clothing. A group of workers has sued their employer, a steel fabricating…
Continue Reading Yet Another Preliminary/Postliminary Class Action: More Of The SameAnother Call Center Case Finding Boot Up Time Is Compensable: What Else Is New?
The issue of working time, especially the issue of preliminary and postliminary activities and what activities are compensable, haunts me as a practitioner and is confusing for employers. Many of…
Continue Reading Another Call Center Case Finding Boot Up Time Is Compensable: What Else Is New?The Concept of “Manual Workers:” A Vagary Of New York Law
When people work, any of us, invariably, there is some measure of so-called “manual work” that we all do. What happens on wage payment, and should anything happen, if the…
Continue Reading The Concept of “Manual Workers:” A Vagary Of New York LawWhat Is A Workweek Under The FLSA?: Whatever The Employer Says
Employees get paid overtime when their work hours exceed forty in a “workweek.” This is a simple, yet complicated concept that is essential for employers to understand and be aware…
Continue Reading What Is A Workweek Under The FLSA?: Whatever The Employer SaysIs Waiting In Your Car Compensable Working Time? California Supreme Court Will Decide
I have blogged many times on security check cases and whether that waiting time is compensable. It continues to be a thorny issue and pops up in many jurisdictions. In…
Continue Reading Is Waiting In Your Car Compensable Working Time? California Supreme Court Will DecideDecision On Travel Time And Waiting Time May Signal A Troubling Trend
I have handled many working time cases, such as travel time and waiting time cases. A recent case coming out of Maryland spells trouble for employers on these issues. A…
Continue Reading Decision On Travel Time And Waiting Time May Signal A Troubling TrendOn-Call Hours Can Be A Timebomb For Employers Unless The Situation Is Appropriately Handled By The Employer: It Can Be Done!
Whether hours spent on call are compensable hours of work is a question of fact to be decided in the context of a given case, based upon a variety of…
Continue Reading On-Call Hours Can Be A Timebomb For Employers Unless The Situation Is Appropriately Handled By The Employer: It Can Be Done!Is Travel From A Meeting/Staging Area To A Work Site Still Only Home-to-Work Travel Time?
I am very interested in travel time cases. There are some nuanced concepts hovering around travel time, especially the concept of what constitutes non-compensable home-to-work travel. In an interesting case…
Continue Reading Is Travel From A Meeting/Staging Area To A Work Site Still Only Home-to-Work Travel Time?Voluntary Dismissal of Kronos Hack Lawsuit: Oops, The Plaintiff Got It Wrong!
Last week, I blogged about a lawsuit where the allegations were that the Company failed to pay properly and record time properly, due to its involvement in the Kronos Hack…
Continue Reading Voluntary Dismissal of Kronos Hack Lawsuit: Oops, The Plaintiff Got It Wrong!