I have handled many lunchtime cases, where an employee (or a class) claim that they were not accorded a full thirty-minute lunch and therefore that half-hour (and many others perhaps)
Continue Reading When Employees Voluntarily/Intentionally Cut Their Lunch Breaks Short, Are They Entitled to Compensation?
Although Spring is almost here, many areas in the country are still being socked with winter storms. When snowstorms hit and a business closes for the entire or part of
Continue Reading Bad Weather And The FLSA—The Difference Between Exempt And Non-Exempt Workers
When an employer is sued in a FLSA class/collective action, a big bone of contention often is the definition of the class and what should or should not be in
Continue Reading Company Wants FLSA Class Action Dismissed Due To Plaintiffs Improper Actions Regarding Notice To Opt-Ins
Working time cases, especially those claiming pay for preliminary or postliminary work are difficult and dangerous because they sneak up on an employer. These activities may seem minimal, or not
Continue Reading Another Preliminary/Postliminary Case: What The Employer Need Be Aware Of!
“I am angry and I don’t know what to do with my anger!” This is a line from the movie, The Big Chill, one of my favorites. It also
Continue Reading Automatic Lunch Deduction Policy (Again) At The Center of FLSA Working Time Class Action: Stop The Madness!
I have blogged about working time issues involving COVID testing and screening many times and there seems to be no shortage of these cases coming down the pike. On that
Continue Reading The FLSA Working Time Issue Of The Times-The Compensability (Or Not) Of Pre-Shift Covid-Testing At The Workplace
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!
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 Same
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?
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 Law