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Wage & Hour - Developments & Highlights

Working Time

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Bah, Humbug! Hospital Hit With Another Of The FLSA Collective Actions On Missed Lunches

By Mark Tabakman on December 29, 2020

The health care industry seems to be ground zero for a particular kind of class action lawsuit.  Many of these health care institutions have policies where a thirty-minute lunch period…
Continue Reading Bah, Humbug! Hospital Hit With Another Of The FLSA Collective Actions On Missed Lunches

Posted in Class Actions, Working Time

USDOL Issues Travel Time Opinion Letter For Construction Industry-Part II

By Mark Tabakman on December 12, 2020

I blogged the other day about a USDOL travel time Opinion Letter for the construction industry and foremen in that industry.  The employer seeking the advice posed three scenarios and…
Continue Reading USDOL Issues Travel Time Opinion Letter For Construction Industry-Part II

Posted in General Wage & Hour Law News & Updates, Working Time

USDOL Issues Travel Time Opinion Letter For Construction Industry

By Mark Tabakman on December 5, 2020

I have stated many times that I am pleased that the USDOL has taken again to issuing Opinion Letters which guide employers in complying with the Fair Labor Standards Act. …
Continue Reading USDOL Issues Travel Time Opinion Letter For Construction Industry

Posted in Working Time

Commuting In Company Truck Does Not Make The Travel Time Compensable Under FLSA: Too Bad!

By Mark Tabakman on November 6, 2020

I just posted on a travel time case the other day but I have a special fondness for these kinds of cases and enjoy watching the numerous, creative ways that…
Continue Reading Commuting In Company Truck Does Not Make The Travel Time Compensable Under FLSA: Too Bad!

Posted in Overtime Issues, Working Time

Travel Time Class Action Tries To Convert Home-To-Work Travel To Compensable Time

By Mark Tabakman on October 29, 2020

I have handled many travel time cases and can report, regretfully, that plaintiff-side lawyers are always seeking new and creative ways to make certain kinds of travel time compensable.   A…
Continue Reading Travel Time Class Action Tries To Convert Home-To-Work Travel To Compensable Time

Posted in Overtime Issues, Working Time

FLSA Working Through-Lunch Case Gets Dismissed: Another Automatic Lunch Deduction Case Goes Nowhere!

By Mark Tabakman on October 23, 2020

I have defended many cases in which the employee(s) claim they worked through lunch and are owed wages (or, usually, overtime).  These cases are usually difficult to defend unless the…
Continue Reading FLSA Working Through-Lunch Case Gets Dismissed: Another Automatic Lunch Deduction Case Goes Nowhere!

Posted in Overtime Issues, Working Time

More USDOL Guidance On Virus Working Time Issues: Tracking Off-the-Clock Time

By Mark Tabakman on August 31, 2020

I have written several times about employees working from home, e.g. telecommuting, and how employers must carefully keep track of their hours to avoid unauthorized overtime.  There are situations, however,…
Continue Reading More USDOL Guidance On Virus Working Time Issues: Tracking Off-the-Clock Time

Posted in Working Time

The FLSA and Temperature Checks: The Doctrine of “Integral and Indispensable” Comes to the Forefront

By Mark Tabakman on June 19, 2020

The other day I went to the eye doctor and, before I could go in, an employee checked my temperature. This phenomenon is going to become perhaps a constant fact…
Continue Reading The FLSA and Temperature Checks: The Doctrine of “Integral and Indispensable” Comes to the Forefront

Posted in General Wage & Hour Law News & Updates, Working Time

Wave of Wage-Hour Lawsuits Coming? Beware of the Danger Zones

By Mark Tabakman on June 4, 2020

I have been writing about wage hour issues that are implicated or raised by the continuing COVID-19 situation. Well, here’s another one. I warn that as businesses start to open…
Continue Reading Wave of Wage-Hour Lawsuits Coming? Beware of the Danger Zones

Posted in General Wage & Hour Law News & Updates, Unemployment Issues, Working Time

FLSA Telecommuting Issues Can Lead to Abuse: Employers Beware!

By Mark Tabakman on March 27, 2020

I am getting deluged with inquiries from clients, some very agitated, about what they should do, or can do, vis-à-vis their non-exempt work forces and how these folks can be…
Continue Reading FLSA Telecommuting Issues Can Lead to Abuse: Employers Beware!

Posted in General Wage & Hour Law News & Updates, Overtime Issues, Working Time

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