Another working time case where the allegation is workers being compelled to work through lunch. Seems that the health care industry is prone to this as I have blogged about
Continue Reading Yet Another Automatic Lunch Deduction Case Shows Need For Fail Safe Policy!Mark Tabakman
FLSA Privilege Cases Show Employers Cannot Have Their Cake And Eat It!
Naturally, lawyers give employer clients advice about the legality of their compensation practices, including who and who is not an independent contractor. Sometimes, an employer defendant will want to use…
Continue Reading FLSA Privilege Cases Show Employers Cannot Have Their Cake And Eat It!New USDOL Guidance On Nursing Mothers: The Compensability Issues
The US Department of Labor (DOL) has issued a Field Assistance Bulletin (“FAB”) concerning the proper implementation of the new Providing Urgent Maternal Protections for Nursing Mothers Act, the so-called…
Continue Reading New USDOL Guidance On Nursing Mothers: The Compensability IssuesUSDOL Proposed New Independent Contractor Doctrine Focuses On Control: An Interesting Take?
Several months ago, the US Department of Labor (DOL) proposed a rule in a Notice of Proposed Rulemaking (“Notice”) to define when someone is/is not an independent contractor. The focus…
Continue Reading USDOL Proposed New Independent Contractor Doctrine Focuses On Control: An Interesting Take?Dismissal Of FLSA Class Action On Statute Of Limitations Grounds: An Interesting (And Important) Variation On The Theme
I am always interested in statute of limitations issues and cases because it is the first defense I look to when defending a FLSA case. On occasion, a suit will…
Continue Reading Dismissal Of FLSA Class Action On Statute Of Limitations Grounds: An Interesting (And Important) Variation On The ThemeThe Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!
I have defended dozens of nursing homes, home health services, residential care centers and other health care providers in audits of their wage practices by the US. Department of Labor…
Continue Reading The Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!The De Minimis Doctrine May Not Be As Moribund As I Have Thought: Call Center Case Makes This (Important) Point
I read an interesting blog post by Seyfarth Shaw on a working time case in a call center. I have often blogged about working time cases, preliminary/postliminary cases, and have…
Continue Reading The De Minimis Doctrine May Not Be As Moribund As I Have Thought: Call Center Case Makes This (Important) PointSixth Circuit Joins Fifth Circuit In Looking Towards A New, Fairer Way To Determine Whether Conditional Certification Is Appropriate: A New Day Dawning!
I have blogged on this issue a number of times, i.e., that federal courts are starting to tilt away from the typical and very, very easy way that plaintiffs now…
Continue Reading Sixth Circuit Joins Fifth Circuit In Looking Towards A New, Fairer Way To Determine Whether Conditional Certification Is Appropriate: A New Day Dawning!The Times They Are A Changin’–A District Court Rejects The “Usual” Two Tier FLSA Class Action Certification Model
The certification process for FLSA collective actions has typically been a two-step process. The first step is to secure conditional certification, which is often handed out as easily as a…
Continue Reading The Times They Are A Changin’–A District Court Rejects The “Usual” Two Tier FLSA Class Action Certification ModelGap Time Claims: What Are They And Can Employees Recover Back Wages For Them? Depends On Where The Employer Is Located
I read an interesting blog post by Epstein Becker on the misunderstood issue of gap time and what that means for employers. It notes that employees must be paid overtime…
Continue Reading Gap Time Claims: What Are They And Can Employees Recover Back Wages For Them? Depends On Where The Employer Is Located